What is the test for a plaintiff to prove a duty of care in a tort action?

Tort law relies heavily on the concept of duty to render tractable a reality where lives are at risk in the very world that sustains them, and people are bound by intricate and far-reaching ties of responsibility and norms of reciprocity. But " "duty" is not sacrosanct in itself "; it is a means to an end, " only an expression of the sum total of those considerations of policy which lead the law to say that the particular plaintiff is entitled to protection. " ( Dillon v. Legg , supra , 68 Cal.2d at p. 734, 69 Cal.Rptr. 72, 441 P.2d 912.) The majority opinion today sensibly clarifies the procedure for recognizing a duty where plaintiff attempts, by arguing for a "special

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