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CACI 432

What Is Third Party Superseding Cause Law in California

Personal Injury Lawyers

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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