What are the remaining policy considerations in a motor vehicle accident case?

California, United States of America


The following excerpt is from Jing Huang v. Bicycle Casino, Inc., 208 Cal.Rptr.3d 591, 4 Cal.App.5th 329 (Cal. App. 2016):

The remaining policy considerations are the moral blame attached to the defendant's conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk involved. (Parsons , supra , 15 Cal.4th at p. 473, 63 Cal.Rptr.2d 291, 936 P.2d 70.) Along with foreseeability, the extent of the burden to the defendant is the crucial consideration. (Castaneda v. Olsher (2007) 41 Cal.4th 1205, 1213, 63 Cal.Rptr.3d 99, 162 P.3d 610.)

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