What is the test for determining liability in a motor vehicle accident?

California, United States of America


The following excerpt is from Brooks v. Eugene Burger Management Corp., 215 Cal.App.3d 1611, 264 Cal.Rptr. 756 (Cal. App. 1989):

"but a court's task--in determining 'duty'--is not to decide whether a particular plaintiff's injury was reasonably foreseeable in light of a particular defendant's conduct, but rather to evaluate more generally whether the category of negligent conduct at issue is sufficiently likely to result in the kind of harm experienced that liability may appropriately be imposed on the negligent party." (Ballard v. Uribe (1986) 41 Cal.3d 564, 573, fn. 6, 224 Cal.Rptr. 664, 715 P.2d 624, emphasis in original.)

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