What Is Apportionment of Responsibility Law in California
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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