California Civil Jury Instructions (CACI)
424. Negligence Not Contested - Essential Factual Elements
[Name of plaintiff] claims that [he/she] was harmed by [name of defendant]’s negligence. [Name of defendant] agrees that [he/she/it] was negligent, but denies that the negligence caused [[name of plaintiff] any harm/the full extent of the harm claimed by [name of plaintiff]].
To establish [his/her/its] claim against [name of defendant], [name of plaintiff] must prove both of the following:
1. That [name of plaintiff] was harmed; and
2. That [name of defendant]’s negligence was a substantial factor in causing [name of plaintiff]’s harm.
Directions for Use
This instruction is intended for cases in which the defendant “admits” liability, but contests causation and damages. This instruction can be modified for use in cases involving claims that are not based on negligence.
1 Levy et al., California Torts, Ch. 1, Negligence: Duty and Breach, Ch. 2, Causation (Matthew Bender)