Legal Question in Personal Injury in California

Can a person A in california be held liable for aiding and abetting a primary tort of negligence committed by a person B in another state - eg. ohio - or country - eg. thailand - if they had knowledge and provided substantial assistance? supposing its not disputed that the court is applying california law to the case.


Asked on 9/28/14, 9:37 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

By definition, negligent actions are unintentional. But aiding and abetting are intentional actions -- and they're part of criminal law, not civil. So even if the people you describe were all in California, I don't see how A could be liable for B's negligence.

If B's actions were intentional then A might be liable, but not as an aider or abettor. Whether other states or countries could hold him liable will depend on their laws.

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Answered on 9/28/14, 1:06 pm
Anthony Roach Law Office of Anthony A. Roach

You are mixing up different legal doctrines in a way that is nonsensical. Aiding and abetting are criminal terms, and they apply to intentional acts as pointed out by Mr. Hoffman. Negligence is a failure to use care that causes harm to others and is a civil tort doctrine.

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Answered on 9/29/14, 6:22 am


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