What are the "policy factors" used to determine whether a plaintiff has been injured in a motor vehicle accident?

California, United States of America


The following excerpt is from Colome v. State Athletic Com., 47 Cal.App.4th 1444, 55 Cal.Rptr.2d 300 (Cal. App. 1996):

The policy factors are: " '(1) the extent to which the transaction was intended to affect the plaintiff; (2) the foreseeability of harm to the plaintiff; (3) the degree of certainty that the plaintiff suffered injury; (4) the closeness of the connection between the defendant's conduct and the injury suffered; (5) the moral blame attached to the defendant's conduct; and (6) the policy of preventing future harm.' [Citations.]" (Seeley v. Seymour, supra, 190 Cal.App.3d at p. 861, 237 Cal.Rptr. 282.)

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