In a personal injury action, is foreseeability a factor in determining liability?
California, United States of America
The following excerpt is from Kesner v. Superior Court of Alameda Cnty., 1 Cal.5th 1132, 210 Cal.Rptr.3d 283, 384 P.3d 283 (Cal. 2016):
In California, both legislative policy (section 1714 ) and this court's longstanding precedent have treated foreseeability as the predominant factor in duty analysis. Although we have held that the existence of a relationship between the plaintiff and defendant is one basis for finding liability premised on the conduct of a third party (see Davidson v. City of Westminster (1982) 32 Cal.3d 197, 203205, 185 Cal.Rptr. 252, 649 P.2d 894 ;
[210 Cal.Rptr.3d 308]
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