What is the test for determining whether a defendant is liable in a motor vehicle accident where an independent intervening force actively operates to produce injury?
California, United States of America
The following excerpt is from Jackson v. Ryder Truck Rental, Inc., 16 Cal.App.4th 1830, 20 Cal.Rptr.2d 913 (Cal. App. 1993):
"Where, subsequent to the defendant's negligent act, an independent intervening force actively operates to produce the injury, the chain of causation may be broken. It is usually said that if the risk of injury might have been reasonably foreseen, the defendant is liable, but that if the independent intervening act is highly unusual or extraordinary, not reasonably likely to happen and hence not foreseeable, it is a superseding cause, and the defendant is not liable. [Citations.]" (6 Witkin, op. cit. supra, Torts, 975, p. 366; see Pool v. City of Oakland (1986) 42 Cal.3d 1051, 1063-1064, 232 Cal.Rptr. 528, 728 P.2d 1163; Rest.2d Torts, 447, p. 478.)
[16 Cal.App.4th 1849] A similar argument was rejected in Bloomberg v. Interinsurance Exchange, supra, 162 Cal.App.3d 571, 207 Cal.Rptr. 853. The facts of that case are as follows:
Page 925
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
