What is the test for a claim for substantial risk of serious harm in a motor vehicle accident?

MultiRegion, United States of America

The following excerpt is from Thurston v. Schwarzenegger, CASE NO. 1:08-cv-00342-AWI-GBC (PC) (E.D. Cal. 2011):

Helling v. McKinney, 509 U.S. 25, 34-35 (1993) (noting that it would be impossible to rule out the possibility of a claim on substantial risk of serious harm since the success of the claim turns on the evidence).

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