What factors are considered in determining liability for a motor vehicle accident?

California, United States of America


The following excerpt is from Klean W. Hollywood, LLC v. Superior Court of L. A. Cnty., 230 Cal.Rptr.3d 168 (Cal. App. 2018):

17 These factors are: " [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 breach, and [7] the availability, cost, and prevalence of insurance for the risk involved. [Citations.] " (Sakiyama, supra , 110 Cal.App.4th at p. 405, 1 Cal.Rptr.3d 762, quoting Rowland v. Christian , supra , 69 Cal.2d at p. 113, 70 Cal.Rptr. 97, 443 P.2d 561.)

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