Does a driver have a duty to prevent injury that is a result of third party conduct?

California, United States of America


The following excerpt is from Kesner v. Superior Court of Alameda Cnty., 1 Cal.5th 1132, 210 Cal.Rptr.3d 283, 384 P.3d 283 (Cal. 2016):

conduct) of a third person. (Lugtu v. California Highway Patrol (2001) 26 Cal.4th 703, 716, 110 Cal.Rptr.2d 528, 28 P.3d 249.) In determining whether one has a duty to prevent injury that is the result of third party conduct, the touchstone of the analysis is the foreseeability of that intervening conduct. (See Bigbee , supra , 34 Cal.3d at p. 58, 192 Cal.Rptr. 857, 665 P.2d 947, quoting

[210 Cal.Rptr.3d 296]

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