What is the test for an individual to be held liable in tort for intentional or negligent acts that cause injury to another person?

California, United States of America


The following excerpt is from Krupnick v. Hartford Accident & Indemnity Co., 28 Cal.App.4th 185, 34 Cal.Rptr.2d 39 (Cal. App. 1994):

Thus, according to the authority cited by plaintiffs and ignored by the majority, every one whose intentional or negligent acts cause injury to another must be held liable in tort therefor unless there is some "statutory provision declaring an exception to the fundamental principle enunciated by Civil Code section 1714" or "unless [such exception from the general rule of liability is] clearly supported by public policy. [Citations.]" (Rowland v. Christian, supra, 69 Cal.2d 108, 112, 70 Cal.Rptr. 97, 443 P.2d 561, emphasis added.)

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