Legal Question in Personal Injury in California

Forseeability Test

I am trying to find out what, if any, test California applies to determine forseeability in a premises liability/personal injury (or otherwise) situation. If there is a test I would appriciate knowing what case it stems from as well, if possible.


Asked on 4/01/09, 10:53 am

3 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

Re: Forseeability Test

The standard is what the Reasonable Person would do to prevent injuries or risky situations, after they realize there is a dangerous situation on their premises. There is also a reasonable duty to inspect.

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Answered on 4/01/09, 3:19 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Forseeability Test

I sat on a jury once, and juries always debate what a "reasonable person" is, and whether it is foreseeable that a "reasonable person" would have suffered the injury as a result of XXX. Of course, the more out-of-the-ordinary the situation is, the more cautious a "reasonable person" likely would be.

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Answered on 4/01/09, 8:01 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Forseeability Test

You need to talk to a lawyer instead of trying to learn it in a few days.

Best,

Daniel Bakondi, Esq.

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Answered on 4/01/09, 10:39 pm


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