CA · jury_instructions
CACI No. 428
Parental Liability (Nonstatutory)
[Name of plaintiff] claims that [he/she/ nonbinary pronoun] was harmed
because of [name of defendant]’s negligent supervision of [name of minor].
To establish this claim, [name of plaintiff] must prove all of the following:
1. That [name of defendant] [insert one or both of the following:]
1. [observed [name of minor]’s dangerous behavior that led to [name
of plaintiff]’s injury;] [or]
1. [was aware of [name of minor]’s habits or tendencies that created
an unreasonable risk of harm to other persons;]
2. That [name of defendant] had the opportunity and ability to
control the conduct of [name of minor];
3. That [name of defendant] was negligent because [he/she/ nonbinary
pronoun] failed to [insert one or both of the following:]
3. [exercise reasonable care to prevent [name of minor]’s conduct;]
[or]
3. [take reasonable precautions to prevent harm to others;]
4. That [name of plaintiff] was harmed; and
5. That [name of defendant]’s negligence was a substantial factor in
causing [name of plaintiff]’s harm.
New September 2003; Renumbered from CACI No. 410 December 2013
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
f4e205c1f5531110bfb2430c93de24773c995f92085257b0375985e5c2cd1c35
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