California, United States of America
The following excerpt is from Akins v. Sacramento Mun. Utility Dist., 12 Cal.App.4th 1026, 8 Cal.Rptr.2d 785 (Cal. App. 1992):
18 If the duty question is resolved favorably to the plaintiff, then foreseeability of harm becomes part of the factual matrix submitted to the jury to be considered in determining whether the defendant was negligent and whether such negligence was a substantial cause of the plaintiff's injury. The jury's factual consideration of foreseeability is fact specific to the particular case. The court's consideration of foreseeability in resolving the duty question is more general. A court must consider whether the category of negligent conduct is sufficiently likely to result in the kind of harm experienced that liability may appropriately be imposed. (Ballard v. Uribe, supra, 41 Cal.3d at pp. 572-573, fn. 6, 224 Cal.Rptr. 664, 715 P.2d 624.)
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