California, United States of America
The following excerpt is from Avis Rent a Car System, Inc. v. Superior Court, 12 Cal.App.4th 221, 15 Cal.Rptr.2d 711 (Cal. App. 1993):
"The jury, by contrast, considers 'foreseeability' in two more focused, fact-specific settings. First, the jury may consider the likelihood or foreseeability of injury in determining whether, in fact, the particular defendant's conduct was negligent in the first place. Second, foreseeability may be relevant to the jury's determination of whether the defendant's negligence was a proximate or legal cause of the plaintiff's injury." (Ballard v. Uribe, supra, 41 Cal.3d at pp. 572-573, fn. 6, 224 Cal.Rptr. 664, 715 P.2d 624.)
Application of the "Special Circumstances" Doctrine
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