What is foreseeability and what is the test for foreseeability?

California, United States of America


The following excerpt is from Isaacs v. Huntington Memorial Hospital, 211 Cal.Rptr. 356, 38 Cal.3d 112, 695 P.2d 653 (Cal. 1985):

It is clear that foreseeability is but one factor to be weighed in determining whether a landowner owes a duty in a particular case. "In this balancing process, foreseeability is an elastic factor. (2 Harper & James [Law of Torts (1956) ] 18.2, at p. 1026.) The degree of foreseeability necessary to warrant the finding of a duty will thus vary from case to case. For example, in cases where the burden of preventing future harm is great, a high degree of foreseeability may be required. [Citation.] On the other hand, in cases where there are strong policy reasons for preventing the harm, or the harm can be prevented by simple means, a lesser degree of foreseeability may be required." (Gomez v. Ticor (1983) 145 Cal.App.3d 622, 629-630, 193 Cal.Rptr. 600.) Thus, foreseeability is a somewhat flexible concept.

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