What is the legal duty of care of a plaintiff in a motor vehicle accident?
The following excerpt is from Saldate v. Wilshire Credit Corp., 686 F. Supp.2d 1051 (E.D. Cal. 2010):
"The `legal duty' of care may be of two general types: (a) the duty of a person to use ordinary care in activities from which harm might reasonably be anticipated , or (b) an affirmative duty where the person occupies a particular relationship to others. . . . In the first situation, he is not liable unless he is actively careless; in the second, he may be liable for failure to act affirmatively to prevent harm." McGettigan v. Bay Area Rapid Transit Dist., 57 Cal.App.4th 1011, 1016-1017, 67 Cal.Rptr.2d 516 (1997).
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