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CACI INSTRUCTIONS – CACI 463- Dog Bite Statute (Civ. Code, § 3342)

CACI are the approved jury instructions from the Judicial Council of California. Jury instructions are read to the jury by the judge and establish the law the jury must follow in deciding the case. A partner of Cheong, Denove, Rowell & Bennett has been formally recognized as one of the attorneys who assisted the task force in the preparation of these jury instructions.

463. Dog Bite Statute (Civ. Code § 3342) Essential Factual Elements (2013)

We answer the questions submitted to us as follows:
1. Did [name of defendant]’s dog bite [name of plaintiff]?

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. Was [name of plaintiff] in a public place or lawfully on private property when [he/she] was bitten?

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 dog a substantial factor in causing harm to [name of plaintiff]?

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 the damages, if any, that [name of plaintiff] suffered as a result of the dog bite?
[a. Past economic loss, including [lost earnings/ lost profits/medical expenses]
[b. Future economic loss, including [lost earnings/lost profits/lost earning capacity/ medical expenses]
[c. Past noneconomic loss, including [physical pain/mental suffering]
[d. Future noneconomic loss, including [physical pain/mental suffering]

TOTAL

[After it has been signed/after all verdict forms have been signed], deliver this verdict form to the [clerk/bailiff/Judge]. –

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