CA · jury_instructions
CACI No. 1244
Affirmative Defense—Sophisticated User
[Name of defendant] claims that [he/she/ nonbinary pronoun/it] is not
responsible for any harm to [name of plaintiff] based on a failure to warn
because [name of plaintiff] is a sophisticated user of the [product]. To
succeed on this defense, [name of defendant] must prove that, at the time
of the injury, [name of plaintiff], because of [his/her/ nonbinary pronoun]
particular position, training, experience, knowledge, or skill, knew or
should have known of the [product]’s risk, harm, or danger.
New October 2008; Revised December 2014
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
83ae670356384b4114ad24da1808e100eeca96b9b045c93207373f8f9c860168
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