What is the test for proving a defendant is liable for negligence in a motor vehicle accident?
California, United States of America
The following excerpt is from Bhandari v. 7-Eleven, Inc., B275219 (Cal. App. 2018):
To prove a defendant is liable for negligence, "'a plaintiff must show that [the] defendant had a duty to use due care, that [the defendant] breached that duty, and the breach was the proximate or legal cause of the resulting injury.' [Citations]." (Hayes v. County of San Diego (2013) 57 Cal.4th 622, 629.) The
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existence and scope of a defendant's duty "is a critical element of negligence liability." (Ibid.)
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