Civil Litigation
Sep. 17, 2019
Preserving the jury’s role in cases of third-party negligence
When defendants argue that a special relationship is always required to create liability in cases of third-party negligence or that the court should decide the issue of duty based on the specific facts of the case, plaintiff’s counsel should point out that such arguments are contrary to well established California law.
Often, in cases involving third-party negligence, defendants seek to defeat liability by arguing that: (1) they do not owe the plaintiff a legal duty to protect against third-party conduct absent a recognized special relationship, and (2) the specific facts of the case do not give rise to a duty under the seven factors the California Supreme Court articulated in Rowland v. Christian, 69 Cal. 2d 108 (1968). Practitioners should recognize tha...
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