What is the test for foreseeability in a motor vehicle accident case?

California, United States of America


The following excerpt is from Kentucky Fried Chicken of Cal., Inc. v. Superior Court, 40 Cal.App.4th 798, 47 Cal.Rptr.2d 69 (Cal. App. 1995):

2 In contrast, foreseeability is a question of fact for the jury "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 [caused] the plaintiff's injury." (Ballard v. Uribe (1986) 41 Cal.3d 564, 573, fn. 6, 224 Cal.Rptr. 664, 715 P.2d 624.)

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