What factors will be considered by the courts when determining whether there is a duty of care or negligence on a plaintiff in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Frederick Stocco, an Individual, Kathleen Stocco, an Individual, & Gia Florence SRL, an Italy Co. v. Gemological Inst. of Am., Inc., CASE NO. 12-CV-1291 WQH (DHB) (S.D. Cal. 2015):
Rowland v. Christian, 69 Cal. 2d 108, 112-13 (1968). Three other factors are to be considered before a duty can be found: "(1) liability may in particular cases be out of proportion to fault; (2) parties should be encouraged to rely on their own ability to protect themselves through their own prudence, diligence and contracting power; and
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