What Is Public Entity Liability for Failure to Perform Mandatory Duty Law in California
What is the Law in California for Public Entity Liability for Failure to Perform Mandatory Duty- California Civil Jury Instruction CACI 423
California Law
CA Civil Jury Instructions
CACI 423 - Public Entity Liability for Failure to Perform Mandatory Duty
As of September 1, 2010
California Civil Jury Instruction CACI 423
423. Public Entity Liability for Failure to Perform Mandatory
Duty
[Name of plaintiff] claims that [he/she] was harmed because [name
of defendant] violated [insert reference to statute, regulation, or
ordinance] which states: [insert relevant language]. To
establish this claim, [name of plaintiff] must prove all of the
following:
1. That [name of defendant] violated [insert reference to statute,
regulation, or ordinance];
2. That [name of plaintiff] was harmed; and
3. That [name of defendant]’s failure to perform its duty was a
substantial factor in causing [name of plaintiff]’s harm.
[Name of defendant], however, is not responsible for [name of
plaintiff]’s harm if [name of defendant] proves that it made
reasonable efforts to perform its duties under the
[statute/regulation/ordinance].
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