California Civil Jury Instructions (CACI)

3220. Affirmative Defense - Unauthorized or Unreasonable Use

[Name of defendant] is not responsible for any harm to [name of plaintiff] if [name of defendant] proves that any [defect[s] in the [consumer good]] [failure to match any [written/implied] warranty] [was/were] caused by unauthorized or unreasonable use of the [consumer good] after it was sold.

Sources and Authority

Civil Code section 1794.3 provides: "The provisions of this [act] shall not apply to any defect or nonconformity in consumer goods caused by the unauthorized or unreasonable use of the goods following sale."

Secondary Sources

3 Witkin, Summary of California Law (9th ed. 1987) Sales, § 306

California Products Liability Actions, Ch. 8, Defenses, § 8.07[7] (Matthew Bender)

44 California Forms of Pleading and Practice, Ch. 502, Sales: Warranties, § 502.51 (Matthew Bender)

20 California Points and Authorities, Ch. 206, Sales (Matthew Bender)

5 Bancroft-Whitney's California Civil Practice: Business Litigation (1993) Consumer Warranties, § 53:55, p. 66

(Revised February 2005)