What Is Primary Assumption of Risk Law in California
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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