What is the definition of a duty of care in the context of personal injury cases?

California, United States of America


The following excerpt is from Amaya v. Home Ice, Fuel & Supply Co., 23 Cal.Rptr. 131 (Cal. App. 1962):

The classic definition of duty has been in terms of foreseeability, but the definition itself is wide and general, and its application here becomes even more difficult because of the incursion of two other factors: the so-called 'unforeseeable' plaintiff and the infliction upon such plaintiff of emotional distress. As to the definition, one statement of it occurs in the famous case of Donoghue v. Stevenson (1932) A.C. 562, 580: 'The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be--persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.'

Other Questions


What is the test for making a motion for personal injury representation in a personal injury case? (California, United States of America)
How have courts dealt with personal injury claims in personal injury cases? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
What is the case law in the context of personal injury cases? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
How have the courts dealt with the issue of personal injury in a personal injury case? (California, United States of America)
Does the court have any case law with respect to the interpretation of the law in the context of personal injury cases? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
What are some examples of high-profile personal injury cases involving personal injury? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.