Tuesday, May 22nd

Last update05:07:07 AM GMT

You are here: CACI 1601
CACI 1601

What Is Intentional Infliction of Emotional Distress Cancer, HIV or AIDS Fear Law in California

Personal Injury Lawyers

What is the Law in California for Intentional Infliction of Emotional Distress Cancer, HIV or AIDS Fear - California Civil Jury Instruction CACI 1601

California Law

CA Civil Jury Instructions

CACI 1601 - Intentional Infliction of Emotional Distress Cancer, HIV or AIDS Fear

As of September 1, 2010

California Civil Jury Instruction CACI 1601

1601. Intentional Infliction of Emotional Distress—Fear of

Cancer, HIV, or AIDS

[Name of plaintiff] claims that [name of defendant]’s conduct caused

[him/her] to suffer severe emotional distress by exposing [name of

plaintiff] to [insert applicable carcinogen, toxic substance, HIV, or

AIDS]. To establish this claim, [name of plaintiff] must prove all of

the following:

1. That [name of defendant]’s conduct was outrageous;

2. That [name of defendant]’s conduct exposed [name of

plaintiff] to [insert applicable carcinogen, toxic substance,

HIV, or AIDS];

3. [That [name of defendant] intended to cause [name of

plaintiff] emotional distress;] [or]

3. [That [name of defendant] acted with reckless disregard of

the probability that [[name of plaintiff]/the group of

individuals including [name of plaintiff]] would suffer

emotional distress, knowing that [he/she/they] [was/were]

present when the conduct occurred;]

4. That [name of plaintiff] suffered severe emotional distress

from a reasonable fear of developing [insert applicable

cancer, HIV, or AIDS]; and

5. That [name of defendant]’s conduct was a substantial factor

in causing [name of plaintiff]’s severe emotional distress.

A fear of developing [insert applicable cancer, HIV, or AIDS] is

"reasonable" if the fear stems from the knowledge, confirmed by

reliable medical or scientific opinion, that a person’s risk of [insert

applicable cancer, HIV, or AIDS] has significantly increased and that

the resulting risk is significant.

If you have a legal issue in California which involves What is the Law in California for Intentional Infliction of Emotional Distress Cancer, HIV or AIDS Fear, call the Law Firm of Attorney Sebastian Gibson. With over thirty years of experience in the U.S. and internationally, California Civil Lawyer Sebastian Gibson is the attorney to call for all your legal matters in the State of California.

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.