Does Section 815.6 of the California Vehicle Accident and Accident Act require that a plaintiff has a mandatory duty to wear a seatbelt?

California, United States of America


The following excerpt is from Tuthill v. City of San Buenaventura, 167 Cal.Rptr.3d 820, 223 Cal.App.4th 1081 (Cal. App. 2014):

Section 815.6 also requires that "the mandatory duty be designed to protect against the particular kind of injury the plaintiff suffered." ( Haggis v. Superior Court, supra, 22 Cal.4th at p. 499, 93 Cal.Rptr.2d 327, 993 P.2d 983.) The injury must be " one of the consequences which the [enacting body] sought to prevent through imposing the alleged mandatory duty. " ( Ibid. ) "That the enactment confers some benefit on the class to which plaintiff belongs is not enough; if the

[223 Cal.App.4th 1093]

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