What Is Negligent Infliction of Emotional Distress Cancer, HIV or AIDS Fear Law in California
What is the Law in California for Negligent Infliction of Emotional Distress Cancer, HIV or AIDS Fear- California Civil Jury Instruction CACI 1622
California Law
CA Civil Jury Instructions
CACI 1622 - Negligent Infliction of Emotional Distress Cancer, HIV or AIDS Fear
As of September 1, 2010
California Civil Jury Instruction CACI 1622
1622. Negligent 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 serious 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 plaintiff] was exposed to [insert applicable
carcinogen, toxic substance, HIV, or AIDS] as a result of
[name of defendant]’s negligence;
2. That [name of plaintiff] suffered serious emotional distress
from a fear that [he/she] will develop [insert applicable
cancer, HIV, or AIDS] as a result of the exposure;
3. That reliable medical or scientific opinion confirms that it is
more likely than not that [name of plaintiff] will develop
[insert applicable cancer, HIV, or AIDS] as a result of the
exposure; and
4. That [name of defendant]’s negligence was a substantial
factor in causing [name of plaintiff]’s serious emotional
distress.
Emotional distress includes suffering, anguish, fright, horror,
nervousness, grief, anxiety, worry, shock, humiliation, and shame.
Serious emotional distress exists if an ordinary, reasonable person
would be unable to cope with it.
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