What is the test for determining the scope of a person's legal duty to care in the context of a motor vehicle accident?
California, United States of America
The following excerpt is from Binns v. Westminster Memorial Park, 171 Cal.App.4th 700, 89 Cal. Rptr. 3d 890 (Cal. App. 2009):
(5) The seminal case of Rowland v. Christian (1968) 69 Cal.2d 108 [70 Cal.Rptr. 97, 443 P.2d 561] set forth the major factors in determining the scope of a person's legal duty: "the foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant's conduct and the injury suffered, the moral blame attached to the defendant's conduct, the policy of preventing future harm, the 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 the availability, cost, and prevalence of insurance for the risk involved." (Id. at pp. 112-113.)
[171 Cal.App.4th 706]
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