What is the current state of the law on duty of care in a personal injury action?
California, United States of America
The following excerpt is from S. Cal. Gas Co. v. Superior Court of L. A. Cnty. (In re S. Cal. Gas Leak Cases), 18 Cal.App.5th 581, 227 Cal.Rptr.3d 117 (Cal. App. 2017):
3 Insofar as the record at this early stage does not firmly establish this is the case, it is either (a) a problem that could be cured by amending the complaint, or (b) an example of a duty question that should not be fully answered until after resolution of factual issues. (See Alcaraz v. Vece (1997) 14 Cal.4th 1149, 1162, fn. 4, 60 Cal.Rptr.2d 448, 929 P.2d 1239 [existence and scope of a defendant's duty of care is a legal question for a court, but trier of fact must resolve factual issues that are logically prior to the question of duty].)
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