What Is Doctrine of Res Ipsa Loquitur Law in California

What is the Law in California for the Doctrine of Res Ipsa Loquitur - California Civil Jury Instruction CACI 417

California Law

CA Civil Jury Instructions

CACI 417 - Doctrine of Res Ipsa Loquitur

As of September 1, 2010

California Civil Jury Instruction CACI 417

417. Special Doctrines: Res ipsa loquitur

In this case, [name of plaintiff] may prove that [name of defendant]’s

negligence caused [his/her] harm if [he/she] proves all of the

following:

1. That [name of plaintiff]’s harm ordinarily would not have

happened unless someone was negligent;

2. That the harm was caused by something that only [name of
defendant] controlled; and

3. That [name of plaintiff]’s voluntary actions did not cause or

contribute to the event[s] that harmed [him/her].

If you decide that [name of plaintiff] did not prove one or more of

these three things, then [insert one of the following:]

[your verdict must be for [name of defendant].]

[or]

[you must decide whether [name of defendant] was negligent in

light of the other instructions I have read.]

If you decide that [name of plaintiff] proved all of these three

things, you may, but are not required to, find that [name of
defendant] was negligent or that [name of defendant]’s negligence

was a substantial factor in causing [name of plaintiff]’s harm, or

both.

You must carefully consider the evidence presented by both [name
of plaintiff] and [name of defendant] before you make your decision.

You should not decide in favor of [name of plaintiff] unless you

believe, after weighing all of the evidence, that it is more probable

than not that [name of defendant] was negligent and that [his/her]

negligence was a substantial factor in causing [name of plaintiff]’s

harm.

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What Is Doctrine of Res Ipsa Loquitur Law in California

What is the Law in California for the Doctrine of Res Ipsa Loquitur - California Civil Jury Instruction CACI 417

California Law

CA Civil Jury Instructions

CACI 417 - Doctrine of Res Ipsa Loquitur

As of September 1, 2010

California Civil Jury Instruction CACI 417

417. Special Doctrines: Res ipsa loquitur

In this case, [name of plaintiff] may prove that [name of defendant]’s

negligence caused [his/her] harm if [he/she] proves all of the

following:

1. That [name of plaintiff]’s harm ordinarily would not have

happened unless someone was negligent;

2. That the harm was caused by something that only [name of defendant] controlled; and

defendant] controlled; and

3. That [name of plaintiff]’s voluntary actions did not cause or

contribute to the event[s] that harmed [him/her].

If you decide that [name of plaintiff] did not prove one or more of

these three things, then [insert one of the following:]

[your verdict must be for [name of defendant].]

[or]

[you must decide whether [name of defendant] was negligent in

light of the other instructions I have read.]

If you decide that [name of plaintiff] proved all of these three

things, you may, but are not required to, find that [name of defendant] was negligent or that [name of defendant]’s negligence

defendant] was negligent or that [name of defendant]’s negligence

was a substantial factor in causing [name of plaintiff]’s harm, or

both.

You must carefully consider the evidence presented by both [name of plaintiff] and [name of defendant] before you make your decision.

of plaintiff] and [name of defendant] before you make your decision.

You should not decide in favor of [name of plaintiff] unless you

believe, after weighing all of the evidence, that it is more probable

than not that [name of defendant] was negligent and that [his/her]

negligence was a substantial factor in causing [name of plaintiff]’s

harm.

We invite you to explore the web site of California Lawyer Sebastian Gibson and see how we can assist you in other areas of federal and state law as well.

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2. That the harm was caused by something that only [name of
defendant] controlled; and

things, you may, but are not required to, find that [name of
defendant] was negligent or that [name of defendant]’s negligence

You must carefully consider the evidence presented by both [name
of plaintiff] and [name of defendant] before you make your decision.