California, United States of America
The following excerpt is from Herrle v. Estate of Marshall, 45 Cal.App.4th 1761, 53 Cal.Rptr.2d 713 (Cal. App. 1996):
Furthermore, were we to hold that plaintiff is entitled to recover, the ultimate result would place liability on plaintiff's employer. Since defendant was placed in the hospital for the very purpose of protecting her from doing harm to herself or others, the harm done to plaintiff would derive from the failure of the hospital to carry out its duties to defendant. The hospital assumed the primary duty to protect defendant and those who might be harmed by her. Therefore, should defendant be liable she would be entitled to assert a right to indemnification against the hospital. (See Herrero v. Atkinson
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