What is the current state of the law on liability for negligent driving?

California, United States of America


The following excerpt is from Krol v. Sampson, 278 Cal.Rptr. 164, 6 Cal.App.4th 310 (Cal. App. 1991):

5 Again, the exception seems to be Tavernier v. Maes, supra, 242 Cal.App.2d 532, 51 Cal.Rptr. 575, where the court stated: "If the accident and the resultant injury fall within general hazards ... of which the victim had knowledge he may be found to have assumed the risk thereof." (Id., at p. 544, 51 Cal.Rptr. 575, emphasis added.)

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