What Is Comparative Fault of Decedent Law in California
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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