What is the test for determining whether a party to a motor vehicle accident can be held liable for injuries sustained as a result of the intervening actions of a third party?

California, United States of America


The following excerpt is from Reenders v. City of Ontario, 137 Cal.Rptr. 736, 68 Cal.App.3d 1045 (Cal. App. 1977):

Relying on Vesely v. Sager, 5 Cal.3d 153, 163--164, 95 Cal.Rptr. 623, 486 P.2d 151, plaintiff urges that the concept of proximate cause has been modernized and narrowed. In this, plaintiff is correct. It is now generally recognized that, in terms of proximate cause, an actor is not relieved of liability because of the intervening act of a third person if such act was reasonably foreseeable at the time of the actor's negligent conduct. (Vesely v. Sager, supra.) 'Moreover, 'If the likelihood that a third person may act in a particular manner is the hazard or one of the hazards which makes the actor negligent, such an act whether innocent, negligent, intentionally tortious or criminal does not prevent the actor from being liable for harm caused thereby. '' (Vesely v. Sager, supra, 5 Cal.3d at p. 164, 95 Cal.Rptr. at p. 630, 486

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