What is the test for determining whether a defendant is liable to a third person not in privity for injuries sustained in a motor vehicle accident?

California, United States of America


The following excerpt is from Summit Financial Holdings, Ltd. v. CLTC, 117 Cal.Rptr.2d 541, 27 Cal.4th 705, 41 P.3d 548 (Cal. 2002):

In Biakanja v. Irving (1958) 49 Cal.2d 647, 650, 320 P.2d 16, we stated: "The determination whether in a specific case the defendant will be held liable to a third person not in privity is a matter of policy and involves the balancing of various factors, among which are the extent to which the transaction was intended to affect the plaintiff, the foreseeability of harm to him, 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,

[41 P.3d 549]

and the policy of preventing future harm. [Citations.]"

[41 P.3d 549]

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