California Civil Jury Instructions (CACI) (2017)

3903E. Loss of Ability to Provide Household Services (Economic Damage)

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3903E.Loss of Ability to Provide Household Services (Economic
Damage)
[Insert number, e.g., “5.”]The loss of [name of plaintiff]’s ability to
provide household services.
To recover damages for the loss of the ability to provide household
services, [name of plaintiff] must prove the reasonable value of the
services [he/she] would have been reasonably certain to provide to [his/
her] household if the injury had not occurred.
New September 2003
Sources and Authority
• “Although the parties do not distinguish between the different types of lost
years damages that were awarded, we note that lost household services damages
are different than the other types of future earnings included in this category.
Generally, household services damages represent the detriment suffered when
injury prevents a person from contributing some or all of his or her customary
services to the family unit. The justificatio for awarding this type of damage as
part of the loss of future earnings award is that the plaintiff should be
compensated for the value of the services he would have performed during the
lost years which, because of the injury, will now have to be performed by
someone else.” (Overly v. Ingalls Shipbuilding, Inc. (1999) 74 Cal.App.4th 164,
171, fn. 5 [87 Cal.Rptr.2d 626], internal citation omitted.)
• “ ‘To entitle a plaintiff to recover present damages for apprehended future
consequences, there must be evidence to show such a degree of probability of
their occurring as amounts to a reasonable certainty that they will result from
the original injury.’ ” (Bellman v. San Francisco High School Dist. (1938) 11
Cal.2d 576, 588 [81 P.2d 894], internal citation omitted.)
Secondary Sources
California Tort Damages (Cont.Ed.Bar) Bodily Injury, §§ 1.64–1.66
15 California Forms of Pleading and Practice, Ch. 177, Damages (Matthew
Bender)
6 California Points and Authorities, Ch. 64, Damages: Tort (Matthew Bender)
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