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CACI 460

What Is Strict Liability for Ultrahazardous Activities Law in California

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What is the Law in California for Strict Liability for Ultrahazardous Activities - California Civil Jury Instruction CACI 460

California Law

CA Civil Jury Instructions

CACI 460 - Strict Liability for Ultrahazardous Activities

As of September 1, 2010

California Civil Jury Instruction CACI 460

460. Strict Liability for Ultrahazardous Activities—Essential

Factual Elements

[Name of plaintiff] claims that [name of defendant] was engaged in

an ultrahazardous activity that caused [him/her/it] to be harmed

and that [name of defendant] is responsible for that harm.

People who engage in ultrahazardous activities are responsible for

the harm these activities cause others, regardless of how carefully

they carry out these activities. [Insert ultrahazardous activity] is an

ultrahazardous activity.

To establish [his/her/its] claim, [name of plaintiff] must prove all of

the following:

1. That [name of defendant] was engaged in [insert

ultrahazardous activity];

2. That [name of plaintiff] was harmed;

3. That [name of plaintiff]’s harm was the kind of harm that

would be anticipated as a result of the risk created by

[insert ultrahazardous activity]; and

4. That [name of defendant]’s [insert ultrahazardous activity]

was a substantial factor in causing [name of plaintiff]’s

harm.

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