What is the test for determining whether a building code safety violation can be found to be a contributory factor in a negligence claim?

Factor (3): The degree of certainty that plaintiff's suffered injury. This is the factor that the majority finds is both (i) the most important in this case, and (ii) the one that presents a "relatively objective obstacle to plaintiffs' claim" to recover the cost of remedying the serious building code safety violations conceded on this record. (Maj. opn., ante, 101 Cal.Rptr.2d at p. 746, 12 P.3d at p. 1150.) The majority begins with the premise that "[c]onstruction defects that have not ripened into property damage, or at least into involuntary out-of-pocket losses, do not comfortably fit the definition of `"appreciable harm"'an essential element of a negligence claim." (Id., at p. 732, 12 P.3d at p. 1137, citing Davies v. Krasna (1975) 14 Cal.3d 502, 513, 121 Cal.Rptr. 705, 535 P.2d 1161 (Davies).)