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.
New June 2005
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)