What is the test for determining whether there is a duty on a plaintiff in a motor vehicle accident?

California, United States of America


The following excerpt is from Bigbee v. Pacific Tel. & Tel. Co., 192 Cal.Rptr. 857, 34 Cal.3d 49, 665 P.2d 947 (Cal. 1983):

"When ... the existence of a duty rests on the reasonable foreseeability of injury to the plaintiff, it may become primarily a question for the jury unless reasonable minds cannot differ. Necessarily involved in submitting the case to the jury, however, is a preliminary determination that, granted a foreseeable risk, a duty arises. On the other hand, there are many situations involving foreseeable risks where there is no duty." (Richards v. Stanley (1954) 43 [34 Cal.3d 61] Cal.2d 60, 66, 271 P.2d 23.) Foreseeability does not establish duty; it merely defines its limits.

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