What is the test for a cause of action for negligence?
California, United States of America
The following excerpt is from Sullivan v. City of Sacramento, 190 Cal.App.3d 1070, 235 Cal.Rptr. 844 (Cal. App. 1987):
In order to state a cause of action for negligence, the complaint must allege a legal duty on the part of defendant to use due care, and the breach of that duty as the proximate or legal cause of resulting injury. (Bellah v. Greenson (1978) 81 Cal.App.3d 614, 619, 146 Cal.Rptr. 535.) Whether such a duty exists is primarily a question of law. (Ibid.)
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