What is the test for determining whether a defendant has a duty to exercise care in the context of a motor vehicle accident?

California, United States of America


The following excerpt is from Ann M. v. Pacific Plaza Shopping Center, 25 Cal.Rptr.2d 137, 6 Cal.4th 666, 863 P.2d 207 (Cal. 1993):

5 Some factors that courts consider in determining the existence and scope of a duty in a particular case are: "[T]he foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant's conduct and the injury suffered, the moral blame attached to the defendant's conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk involved." (Rowland v. Christian, supra, 69 Cal.2d at p. 113, 70 Cal.Rptr. 97, 443 P.2d 561.)

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