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CACI 420

What Is Rebuttal of Presumption of Negligence per se Law in California

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What is the Law in California for the Rebuttal of Presumption of Negligence per se - California Civil Jury Instruction CACI 420

California Law

CA Civil Jury Instructions

CACI 420 - Rebuttal of Presumption of Negligence per se

As of September 1, 2010

California Civil Jury Instruction CACI 420

420. Negligence per se: Rebuttal of the Presumption of
Negligence (Violation Excused)

A violation of a law is excused if one of the following is true:

(a) The violation was reasonable because of [name of plaintiff/
defendant]’s [specify type of "incapacity"]; [or]

(b) Despite using reasonable care, [name of plaintiff/defendant]

was not able to obey the law; [or]

(c) [Name of plaintiff/defendant] faced an emergency that was

not caused by [his/her] own misconduct; [or]

(d) Obeying the law would have involved a greater risk of

harm to [name of plaintiff/defendant] or to others; [or]

(e) [Other reason excusing or justifying noncompliance.]

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