California, United States of America
The following excerpt is from Barnes v. Pittsburg Unified Sch. Dist., A134679 (Cal. App. 2013):
The law generally imposes a duty to use due care to avoid injury to others. (See Civ. Code, 1714.) Before departing from the general rule, courts will examine a number of factors, including foreseeability of harm, degree of certainty that plaintiff suffered injury, closeness of the connection between the defendant's conduct and the injury suffered, moral blame attached to the defendant's conduct, policy of preventing future harm, extent of the burden to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and availability, cost, and prevalence of insurance for the risk involved. (Christensen v. Superior Court (1991) 54 Cal.3d 868, 885-886.)
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