What Is Third Party Superseding Cause Law in California
What is the Law in California for Third Party Superseding Cause - California Civil Jury Instruction CACI 432
California Law
CA Civil Jury Instructions
CACI 432 - Third Party Superseding Cause
As of September 1, 2010
California Civil Jury Instruction CACI 432
432. Causation: Third-Party Conduct as Superseding Cause
[Name of defendant] claims that [he/she/it] is not responsible for
[name of plaintiff]’s harm because of the later misconduct of [insert
name of third party]. To avoid legal responsibility for the harm,
[name of defendant] must prove all of the following:
1. That [name of third party]’s conduct occurred after the
conduct of [name of defendant];
2. That a reasonable person would consider [name of third
party]’s conduct as a highly unusual or an extraordinary
response to the situation;
3. That [name of defendant] did not know and had no reason
to expect that [name of third party] would act in a
[negligent/wrongful] manner; and
4. That the kind of harm resulting from [name of third party]’s
conduct was different from the kind of harm that could
have been reasonably expected from [name of defendant]’s
conduct.
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