CACI VF-1200 Strict Products Liability—Manufacturing Defect—Comparative Fault at Issue
California Civil Jury Instructions CACI
VF-1200 Strict Products Liability—Manufacturing Defect—Comparative Fault at Issue
We answer the questions submitted to us as follows:
1.Did [name of defendant] [manufacture/distribute/sell] the [product]?
Yes No
If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
2.Did the [product] contain a manufacturing defect when it left [name of defendant]’s possession?
Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
3.Was the manufacturing defect a substantial factor in causing harm to [name of plaintiff]?
Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
4.What are [name of plaintiff]’s damages? Do not reduce the damages based on the fault, if any, of [name of plaintiff] or [name/description of other person].
[a.Past economic loss
[lost earnings $]
[lost profits $]
[medical expenses $]
[other past economic loss $]
Total Past Economic Damages: $]
[b.Future economic loss
[lost earnings $]
[lost profits $]
[medical expenses $]
[other future economic loss$]
Total Future Economic Damages: $]
[c.Past noneconomic loss, including [physical
pain/mental suffering:] $]
[d.Future noneconomic loss, including [physical
pain/mental suffering:] $]
TOTAL $
If [name of plaintiff] has proved any damages, answer question 5. If [name of plaintiff] has not proved any damages, then stop here, answer no further questions, and have the presiding juror sign and date this form.
5.Was [name of plaintiff] negligent?
Yes No
If your answer to question 5 is yes, then answer question 6. If you answered no, insert the number zero next to [name of plaintiff]’s name in question 9 and answer question 7.
6.Was [name of plaintiff]’s negligence a substantial factor in causing [his/her/nonbinary pronoun] harm?
Yes No
If your answer to question 6 is yes, then answer questions 7 and 9. If you answered no, insert the number zero next to [name of plaintiff]’s name in question 9 and answer question 7.
7.Was [name/description of other person] negligent?
Yes No
If your answer to question 7 is yes, then answer question 8. If you answered no, insert the number zero next to [name/description of other person]’s name in question 9.
8.Was [name/description of other person]’s negligence a substantial factor in causing harm to [name of plaintiff]?
Yes No
If your answer to question 8 is yes, then answer question 9. If you answered no, insert the number zero next to [name/description of other person]’s name in question 9.
9.What percentage of responsibility for [name of plaintiff]’s harm do you assign to:
| [Name of defendant]: [Name of plaintiff]: [Name/description of other person]: TOTAL |
% % % 100 % |
After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom.
New September 2003; Revised April 2007, April 2009, December 2009, December 2010, June 2011, December 2016
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Directions for Use
This verdict form is based on CACI No. 1201, Strict Liability—Manufacturing Defect—Essential Factual Elements, CACI No. 1207A, Strict Liability—Comparative Fault of Plaintiff, and CACI No. 1207B, Strict Liability—Comparative Fault of Third Person. If product misuse or modification is alleged as a complete defense (see CACI No. 1245, Affirmative Defense—Product Misuse or Modification), questions 2 and 3 of CACI No. VF-1201, Strict Products Liability—Design Defect—Consumer Expectation Test—Affirmative Defense—Misuse or Modification, may be included after question 1.
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.
If the negligence or fault of more than one third person is alleged to have contributed to the plaintiff’s injury, repeat questions 7 and 8.
If specificity is not required, users do not have to itemize all the damages listed in question 4. 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.
If the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801, 814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest. This verdict form may need to be augmented for the jury to make any factual findings that are required in order to calculate the amount of prejudgment interest.