What is the test for liability in the context of personal injury claims?

California, United States of America


The following excerpt is from Lollar v. Trappen, F058116, No. MCV038811 (Cal. App. 2010):

Companies (1981) 30 Cal.3d 358, 367.) Rowland v. Christian (1968) 69 Cal.2d 108, 119, abolished the traditional distinctions between the types of persons to whom the duty is owedinvitees, licensees, and trespassersbut the class of persons who owe the duty has always been defined as owners and possessors. "The proper test to be applied to the liability of the possessor of land... is whether in the management of the property he has acted as a reasonable man in view of the probability of injury to others...." (Ibid.)

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