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

California Civil Jury Instructions CACI

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


We answer the questions submitted to us as follows:

1.Was [name of first defendant] negligent?

 Yes   No

Was [name of second defendant] negligent?

 Yes   No

[Repeat as necessary for other defendants.]

If you answered yes for any defendant in question 1, then answer question 2 for that defendant. If you answered no for any defendant in question 1, insert the number zero next to that defendant’s name in question 8. If you answered no for all defendants in question 1, stop here, answer no further questions, and have the presiding juror sign and date this form.

2.For each defendant that received a “yes” answer in question 1, answer the following:

Was [name of first defendant]’s negligence a substantial factor in causing harm to [name of plaintiff]?

 Yes   No

Was [name of second defendant]’s negligence a substantial factor in causing harm to [name of plaintiff]?

 Yes   No

[Repeat as necessary for other defendants.]

If you answered yes for any defendant in question 2, then answer question 3. If you answered no for any defendant in question 2, insert the number zero next to that defendant’s name in question 8. If you did not answer yes for any defendant in question 2, stop here, answer no further questions, and have the presiding juror sign and date this form.

3.What are [name of plaintiff]’s total damages? Do not reduce the damages based on the fault, if any, of [name of plaintiff] or others.

[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, then answer question 4. 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.

4.Was [name of plaintiff] negligent?

 Yes   No

If your answer to question 4 is yes, then answer question 5. If you answered no, insert the number zero next to [name of plaintiff]’s name in question 8, skip question 5, and answer question 6.

5.Was [name of plaintiff]’s negligence a substantial factor in causing [his/her/nonbinary pronoun] harm?

 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 8 and answer question 6.

6.Was [name/description of first nonparty] negligent?

 Yes   No

Was [name/description of second nonparty] negligent?

 Yes   No

[Repeat as necessary for other nonparties.]

If you answered yes for any person in question 6, then answer question 7 for that person. If you answered no for any person in question 6, insert the number zero next to that person’s name in question 8. If you answered no for all persons in question 6, skip question 7 and answer question 8.

7.For each person who received a “yes” answer in question 6, answer the following:

Was [name/description of first nonparty]’s negligence a substantial factor in causing harm to [name of plaintiff]?

 Yes   No

Was [name/description of second nonparty]’s negligence a substantial factor in causing harm to [name of plaintiff]?

 Yes   No

[Repeat as necessary for other nonparties.]

If you answered yes for any person in question 7, then answer question 8. If you answered no for any person in question 7, then insert the number zero next to that person’s name in question 8 and answer question 8.

8.What percentage of responsibility for [name of plaintiff]’s harm do you assign to the following? Insert a percentage for only those who received “yes” answers in questions 2, 5, or 7:

[Name of first defendant]: %
[Name of second defendant]: %
[Name of plaintiff]: %
[Name/description of first nonparty]: %
[Name/description of second nonparty]: %
TOTAL  100 %
Signed:Presiding Juror
Dated: 

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, December 2009, December 2010, June 2014, December 2016, May 2020


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Directions for Use

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.

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 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.

This verdict form is designed for a single plaintiff, multiple defendants, and multiple nonparties who are alleged to have been negligent. If there are multiple plaintiffs, consider preparing a separate verdict form for each. If a coplaintiff is alleged to have been negligent and that coplaintiff’s negligence is alleged to have harmed the plaintiff, treat the allegedly negligent coplaintiff as a nonparty in questions 6 and 7 and add the coplaintiff’s name to the list of contributing persons in question 8 of the plaintiff’s verdict form.

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.