3106.Physical Abuse—Essential Factual Elements (Welf. & Inst.
Code, § 15610.63)
[Name of plaintiff] claims that [he/she/[name of decedent]] was physically
abused by [[name of individual defendant]/ [and] [name of employer
defendant]] in violation of the Elder Abuse and Dependent Adult Civil
Protection Act. To establish this claim, [name of plaintiff] must prove all
of the following:
1. That [[name of individual defendant]/[name of employer
defendant]’s employee] physically abused [name of
plaintiff/decedent] by [insert applicable grounds for abuse];
2. That [name of plaintiff/decedent] was [65 years of age or older/a
dependent adult] at the time of the conduct;
3. That [name of plaintiff/decedent] was harmed; and
4. That [[name of individual defendant]’s/[name of employer
defendant]’s employee’s] conduct was a substantial factor in
causing [name of plaintiff/decedent]’s harm.
New September 2003; Revised December 2005, October 2008
Directions for Use
This instruction may be given in cases brought under the Elder Abuse and
Dependent Adult Civil Protection Act by the victim of elder physical abuse, or by
the survivors of the victim. If the victim is the plaintiff and is seeking damages for
pain and suffering, see CACI No. 3905A, Physical Pain, Mental Suffering, and
Emotional Distress (Noneconomic Damage) in the Damages series.
If the plaintiff seeks the enhanced remedies of attorney fees and costs, and in the
case of a wrongful death, the decedent’s pain and suffering, give CACI No. 3107,
Physical Abuse—Enhanced Remedies Sought, in addition to this instruction. (See
Welf. & Inst. Code, § 15657.)
If the individual responsible for the physical abuse is a defendant in the case, use
“[name of individual defendant]” throughout. If only the individual’s employer is a
defendant, use “[name of employer defendant]’s employee” throughout.
If the plaintiff is seeking enhanced remedies against the individual’s employer, also
give either CACI No. 3102A, Employer Liability for Enhanced Remedies—Both
Individual and Employer Defendants, or CACI No. 3102B, Employer Liability for
Enhanced Remedies—Employer Defendant Only. To recover damages against the
employer under a theory of vicarious liability, see instructions in the Vicarious
Responsibility series (CACI No. 3700 et seq.).
The instructions in this series are not intended to cover every circumstance in