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CACI 407

What Is Comparative Fault of Decedent Law in California

Personal Injury Lawyers

What is the Law in California for the Comparative Fault of a Decedent - California Civil Jury Instruction CACI 407

California Law

CA Civil Jury Instructions

CACI 407 - Comparative Fault of Decedent

As of September 1, 2010

California Civil Jury Instruction CACI 407

407. Comparative Fault of Decedent

[Name of defendant] claims that [name of decedent]’s own negligence

contributed to [his/her] death. To succeed on this claim, [name of

defendant] must prove both of the following:

1. That [name of decedent] was negligent; and

2. That [name of decedent]’s negligence was a substantial

factor in causing [his/her] death.

If [name of defendant] proves the above, [name of plaintiff]’s

damages are reduced by your determination of the percentage of

[name of decedent]’s responsibility. I will calculate the actual

reduction.

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