In California products liability cases, negligence remains a powerful and flexible theory of recovery. CACI No. 1220 explains the essential factual elements a plaintiff must prove to hold a defendant legally responsible for harm caused by negligent conduct involving a product.
This instruction guides juries step by step through how negligence is evaluated in product-related cases.
What Is CACI No. 1220?
CACI No. 1220 applies when a plaintiff alleges that a defendant’s negligent acts or omissions—such as improper design, manufacturing, inspection, or installation—caused injury. Unlike strict liability instructions, this charge focuses on fault-based conduct and whether the defendant failed to act with reasonable care.
Full Text of CACI No. 1220
CACI No. 1220. Negligence – Essential Factual Elements
[Name of plaintiff] [also] claims that [he/she/they] was harmed by [name of defendant]’s negligence and that [he/she/they/it] should be held responsible for that harm. To establish this claim, [name of plaintiff] must prove all of the following:
- That [name of defendant] [designed/manufactured/supplied/installed/inspected/repaired/rented] the [product];
- That [name of defendant] was negligent in [designing/manufacturing/supplying/installing/inspecting/repairing/renting] the [product];
- That [name of plaintiff] was harmed; and
- That [name of defendant]’s negligence was a substantial factor in causing [name of plaintiff]’s harm.
New September 2003; Revised December 2012
Legal Basis for Negligence Claims
California negligence law is grounded in both statute and case authority, including:
- California Civil Code § 1714(a), which establishes a general duty to exercise reasonable care to avoid causing harm to others
- Betz v. Pankow, which reaffirmed the traditional elements of negligence and their application in civil cases
Together, these authorities form the foundation for negligence-based products liability claims.
How Juries Evaluate Negligence Under CACI 1220
When applying this instruction, jurors focus on four core issues:
- Duty and Breach
Did the defendant owe a duty of care, and did they fail to meet that standard in how they handled the product? - Negligent Conduct
Was the defendant careless in designing, manufacturing, inspecting, or supplying the product? - Harm
Did the plaintiff suffer actual injury or damages? - Substantial Factor Causation
Was the defendant’s negligence a substantial factor in causing the harm?
Each element must be proven for liability to attach.
Illustrative Example
If a retailer fails to inspect safety guards on industrial equipment before sale and a user suffers a catastrophic blade injury on first use, a jury applying CACI 1220 would evaluate whether the retailer’s failure to inspect constituted negligence and whether that failure substantially caused the injury.
Practical Considerations for Negligence Claims
Successful negligence cases often rely on:
- Inspection, maintenance, and repair records
- Internal safety policies and procedures
- Expert testimony establishing the applicable standard of care
- Evidence showing how the defendant’s conduct fell below that standard
These cases frequently turn on what the defendant should have done—but did not do.
Speak With a Products Liability Lawyer
If you were injured due to negligent product design, inspection, or handling, a negligence claim under CACI No. 1220 may apply. WIN Injury & Accident Trial Lawyers can evaluate your case and explain your legal options under California law.
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