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CACI 406

What Is Apportionment of Responsibility Law in California

Personal Injury Lawyers

What is the Law in California for Apportionment of Responsibility - California Civil Jury Instruction CACI 406

California Law

CA Civil Jury Instructions

CACI 406 - Apportionment of Responsibility

As of September 1, 2010

California Civil Jury Instruction CACI 406

406. Apportionment of Responsibility

[[Name of defendant] claims that the [negligence/fault] of [insert

name(s) or description(s) of nonparty tortfeasor(s)] [also] contributed

to [name of plaintiff]’s harm. To succeed on this claim, [name of

defendant] must prove both of the following:

1. That [insert name(s) or description(s) of nonparty

tortfeasor(s)] [was/were] [negligent/at fault]; and

2. That the [negligence/fault] of [insert name(s) or description(s)

of nonparty tortfeasor(s)] was a substantial factor in causing

[name of plaintiff]’s harm.]

If you find that the [negligence/fault] of more than one person

including [name of defendant] [and] [[name of plaintiff]/ [and]

[name(s) or description(s) of nonparty tortfeasor(s)]] was a

substantial factor in causing [name of plaintiff]’s harm, you must

then decide how much responsibility each has by assigning

percentages of responsibility to each person listed on the verdict

form. The percentages must total 100 percent.

You will make a separate finding of [name of plaintiff]’s total

damages, if any. In determining an amount of damages, you

should not consider any person’s assigned percentage of

responsibility.

["Person" can mean an individual or a business entity.]

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