What is the test for determining who is responsible for injuries caused by careless driving in a public way?

California, United States of America


The following excerpt is from Lorincie v. San Diego Gas & Elec. Co., 247 Cal.App.2d 765, 56 Cal.Rptr. 47 (Cal. App. 1967):

However, it requires more than the foreseeable possibility of injury from the negligent and unlawful act of another upon a public way to fix responsibility upon those having control of the public way in not taking all possible precautions against such possible injury. (Campbell v. City of Santa Monica, 51 Cal.App.2d 626, 125 P.2d 561.)

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