Injured At A Business Or Property – Factors For Liability

Civil Code § essentially codifies the legal duty owed by landowners or possessors such as businesses.  Section 1714(a) reads: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”

California courts have articulated certain considerations to balance in determining liability including:

1. the foreseeability of harm to the plaintiff
2. the degree of certainty that the plaintiff suffered injury
3. the closeness of the connection between the defendant’s conduct and the injury suffered
4. the moral blame attached to the defendant’s conduct
5. the policy of preventing future harm
6. the extent of the burden to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability for breach; and
7. the availability, cost, and prevalence of insurance for the risk involved.

Rowland v. Christian (1968) 69 Cal. 2d 108, 113 (superseded by statute.)

Facts matter.  Insurance companies will spend thousands and thousands in attorney fees to attack a victim’s claim and attempt to mischaracterize an accident to avoid liability.  Contact one of our injury attorneys today for a free consultation and case evaluation.