Civil: Jury Instruction, Success Not Required
“A medical practitioner is not necessarily negligent just because her efforts are unsuccessful or she…
Civil: Jury Instruction, Standard of Care for Nurses
“A nurse is negligent if she fails to use the level of skill, knowledge, and…
Civil: Jury Instruction, Psychotherapist’s Duty to Protect Intended Victim From Patient’s Threat & Affirmative Defense
“Plaintiff claims that Defendant’s failure to protect [Plaintiff / Decedent] was a substantial factor in…
Civil: Jury Instruction, Standard of Care for Medical Specialists
“A medical specialist is negligent if he fails to use the level of skill, knowledge,…
Civil: Jury Instruction, Standard of Care for Health Care Professionals
“A medical practitioner is negligent if he fails to use the level of skill, knowledge,…
Civil: Jury Instruction, Primary Assumption of Risk—Exception to Nonliability—Occupation Involving Inherent Risk
“Plaintiff claims that he was harmed by Defendant while Plaintiff was performing his job duties…
Civil: Jury Instruction, Primary Assumption of Risk—Exception toNonliability—Facilities Owners and Operators and EventSponsors
“Plaintiff claims he was harmed while [participating in/watching] [sport or other recreational activity, e.g., snowboarding]…
Civil: Jury Instruction, Primary Assumption of Risk-Exception to Nonliability-Instructors, Trainers, or Coaches
“Plaintiff claims he was harmed by Defendant’s [coaching/training/instruction]. To establish this claim, Plaintiff must prove…
Civil: Jury Instruction, Primary Assumption of Risk—Exception to Nonliability—Coparticipant in Sport or Other Recreational Activity
“Plaintiff claims he was harmed while participating in [sport or other recreational activity] and that…
Civil: Jury Instruction, Dog Bite Statute (Civ. Code, § 3342)
“Plaintiff claims that Defendant’s dog bit him and that Defendant is responsible for that harm.…