What is the test for establishing liability in negligence?
California, United States of America
The following excerpt is from Nicolosi v. Suntrust Bank, B277929 (Cal. App. 2018):
"To establish liability in negligence, it is a fundamental principle of tort law that there must be a legal duty owed to the person injured and a breach of that duty which is the proximate cause of the resulting injury." (Jacoves v. United Merchandising Corp. (1992) 9 Cal.App.4th 88, 114.) "As a general rule, each person has a duty to use ordinary care and 'is liable for injuries caused by his failure to exercise
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