Is a plaintiff's negligence not a violation of positive law in a personal injury case?
California, United States of America
The following excerpt is from Pylon, Inc. v. Olympic Ins. Co., 271 Cal.App.2d 643, 77 Cal.Rptr. 72 (Cal. App. 1969):
That is so even though the negligence of the indemnitee may have been the sole cause of the injury if the language of [271 Cal.App.2d 654] the agreement is sufficiently broad and the negligence is neither willful nor a violation of positive law. (Werner v. Knoll, 89 Cal.App.2d 474, 201 P.2d 45.)
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