What is the legal duty of a plaintiff in a claim for damages arising out of negligence?
California, United States of America
The following excerpt is from John B. v. Superior Court, 137 P.3d 153, 38 Cal.4th 1177, 45 Cal.Rptr.3d 316 (Cal. 2006):
The existence of a legal duty is a question of law for the court. (Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224, 237, 30 Cal.Rptr.3d 145,
[137 P.3d 1189]
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