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CACI 408

What Is Primary Assumption of Risk Law in California

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What is the Law in California for Primary Assumption of Risk - California Civil Jury Instruction CACI 408

California Law

CA Civil Jury Instructions

CACI 408 - Primary Assumption of Risk

As of September 1, 2010

California Civil Jury Instruction CACI 408

408. Primary Assumption of Risk

[Name of plaintiff] claims [he/she] was harmed while participating

in [specify sport or other activity, e.g., touch football] and that [name

of defendant] is responsible for that harm. To establish this claim,

[name of plaintiff] must prove all of the following:

1. That [name of defendant] either intentionally injured [name

of plaintiff] or acted so recklessly that [his/her] conduct was

entirely outside the range of ordinary activity involved in

[sport or other activity];

2. That [name of plaintiff] was harmed; and

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

in causing [name of plaintiff]’s harm.

Conduct is entirely outside the range of ordinary activity involved

in [sport or other activity] if that conduct can be prohibited without

discouraging vigorous participation or otherwise fundamentally

changing the [sport/activity].

[Name of defendant] is not responsible for an injury resulting from

conduct that was merely accidental, careless, or negligent.

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