What Is Rebuttal of Presumption of Negligence per se by Minor Law in California
What is the Law in California for the Rebuttal of Presumption of Negligence per se by Minor - California Civil Jury Instruction CACI 421
California Law
CA Civil Jury Instructions
CACI 421 - Rebuttal of Presumption of Negligence per se by Minor
As of September 1, 2010
California Civil Jury Instruction CACI 421
421. Negligence per se: Rebuttal of the Presumption of
Negligence (Violation of Minor Excused)
[Name of plaintiff/defendant] claims that even if [he/she] violated the
law, [he/she] is not negligent because [he/she] was years old
at the time of the incident. If you find that [name of
plaintiff/defendant] was as careful as a reasonably careful child of
the same age, intelligence, knowledge, and experience would have
been in the same situation, then [name of plaintiff/defendant] was
not negligent.
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