What is the test for determining whether a defendant's storage of plastic materials in violation of California Fire Code section 57.20 was the proximate cause of a plaintiff's injuries?

California, United States of America


The following excerpt is from City of Los Angeles v. Shpegel-Dimsey, Inc., 198 Cal.App.3d 1009, 244 Cal.Rptr. 507 (Cal. App. 1988):

In the instant matter, the trial court found, as a matter of law, that defendant's storage of plastic materials in violation of Fire Code section 57.57.20 was not the proximate cause of plaintiff's injuries. Proximate causation, or foreseeability of injury, "may be decided as a question of law only if, 'under the undisputed facts there is no room for a reasonable difference of opinion.' [Citations.] " (Bigbee v. Pacific Tel. & Tel. Co. (1983) 34 Cal.3d 49, 56, 192 Cal.Rptr. 857, 665 P.2d 947.) Accordingly, the question posed is whether there is room for a reasonable difference of opinion as to whether the risk that a fire might vastly and rapidly spread due to

Page 513

Other Questions


What is the test for determining whether an injury arising out of employment is a contributory factor in determining whether a claim can be made under section 3600 of the California Labor Code? (California, United States of America)
What is the test for determining whether a violation of a traffic light is a proximate cause of injury? (California, United States of America)
What is the test for determining whether a defendant is liable for an injury caused by an intervening cause? (California, United States of America)
Does Section 12022.53, subdivision (d) of the California Criminal Code apply to a defendant who intentionally discharges a firearm and proximately causes great bodily injury to the victim? (California, United States of America)
Does section 12022.53, subdivision (e)(1) of the California Criminal Code apply to a defendant who intentionally discharges a firearm and proximately causes great bodily injury? (California, United States of America)
What is the test for determining whether a plaintiff has a cause of action under section 425.16 of the California Civil Code? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
How have courts interpreted section 830.6(1) of the California Highway Code of Civil Procedure when determining whether a defendant is immune from liability under the California Motor Vehicle Act? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
What is the test for determining whether a physician's failure to diagnose and treat a hip injury was the proximate cause of the injury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.