California Civil Jury Instructions (CACI)

VF-402. Negligence—Fault of Plaintiff and Others at Issue


New September 2003; Revised April 2007, December 2009, December 2010

Directions for Use

The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.

This verdict form is based on CACI No. 400, Negligence—Essential Factual Elements, CACI No. 405, Comparative Fault of Plaintiff, and CACI No. 406, Apportionment of Responsibility.

If specificity is not required, users do not have to itemize all the damages listed in question 3. The breakdown is optional depending on the circumstances.

If there are multiple causes of action, users may wish to combine the individual forms into one form. If different damages are recoverable on different causes of action, replace the damages tables in all of the verdict forms with CACI No. VF-3920, Damages on Multiple Legal Theories.

This form may be modified if the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest on specific losses that occurred prior to judgment.

Users may wish to have the jury specify the liability and causation of each nonparty actor.

If a second plaintiff is also alleged to have been negligent, add his or her name to the list of possible contributing persons, notwithstanding the fact that the bracket is currently designated as “nonparty.”

If superseding cause is an issue, insert a question on that issue after question 5. This form may be modified if a nonparty is a product manufacturer.