What is the Law in California for Comparative Negligence - California Civil Jury Instruction CACI 405
California Law
CA Civil Jury Instructions
CACI 405 - Comparative Negligence
As of September 1, 2010
California Civil Jury Instruction CACI 405
405. Comparative Fault of Plaintiff
[Name of defendant] claims that [name of plaintiff]’s own negligence
contributed to [his/her] harm. To succeed on this claim, [name of
defendant] must prove both of the following:
1. That [name of plaintiff] was negligent; and
2. That [name of plaintiff]’s negligence was a substantial factor
in causing [his/her] harm.
If [name of defendant] proves the above, [name of plaintiff]’s
damages are reduced by your determination of the percentage of
[name of plaintiff]’s responsibility. I will calculate the actual
reduction.
