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CACI 418

What Is Presumption of Negligence per se Law in California

Personal Injury Lawyers

What is the Law in California for the Presumption of Negligence per se - California Civil Jury Instruction CACI 418

California Law

CA Civil Jury Instructions

CACI 418 - Presumption of Negligence per se

As of September 1, 2010

California Civil Jury Instruction CACI 418

418. Presumption of Negligence per se

[Insert citation to statute, regulation, or ordinance] states:

If you decide

1. That [name of plaintiff/defendant] violated this law and

2. That the violation was a substantial factor in bringing

about the harm,

then you must find that [name of plaintiff/defendant] was negligent

[unless you also find that the violation was excused].

If you find that [name of plaintiff/defendant] did not violate this law

or that the violation was not a substantial factor in bringing about

the harm [or if you find the violation was excused], then you must

still decide whether [name of plaintiff/defendant] was negligent in

light of the other instructions.

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