Torts are civil wrongs that are based on an act or a failure to act. When a person is guilty of culpa aquiliana, he or she is guilty of an act or failure to act. This act causes damages to somebody else without any type of contractual relationship between the defendant and the victim. When a person causes such damages, he or she must compensate the victim for them.
California’s General Duty of Care
California Civil Code section 1714(a) imposes a general duty of care on anybody in California. In pertinent part, it states as follows: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person . . .”
Foreseeability
They teach whether a person is guilty of culpa aquiliana in every first-semester torts class in every law school in America. It’s a question of whether a reasonably prudent person who is in the same position as the defendant foresaw harm to a person as a reasonable consequence of an act or failure to act. If harm was foreseeable, a legal duty arises for the person who is acting or failing to act to take reasonable precautions against causing harm to others.
If somebody else sustains an injury as a result of such a failure, the defendant will likely be determined to be negligent. For example, if a professional golfer was shooting at the pin from 150 yards out while somebody was preparing to remove that pin from the hole, it’s foreseeable that the person who is removing the pin might get hit and injured by the golf ball.
There’s nothing mystical about the concept of culpa aquiliana. It’s a question of whether a defendant acted in the same manner as an ordinary reasonable and prudent person would act under the same or similar circumstances. If not, and there were resulting injuries and damages, he or she can be negligent. Did you or a family member sustain an injury in an accident? Do you have questions about the possible negligence of somebody else? Contact us at Maison Law for a free consultation and case review. We’ll advise you on all of your legal options. If we represent you, our goal will be to obtain the highest settlement you deserve.
Contact a California Crosswalk Accident Lawyer Today
Pedestrian victims may be told they can’t expect compensation for their injuries because their accident happened outside of a crosswalk. This is untrue. Drivers owe people on foot a “duty of care” no matter where they encounter them. Your injuries are likely worth more than insurance companies will let on. So don’t leave compensation on the table that you may definitely need to help rebuild your life.
If you are the victim of a scary mistake by a careless driver, discuss your options with attorney Martin Gasparian. It’s a free and confidential consultation. It might open your eyes to what it will actually take for you to recover from your injury and get back on your feet financially. Mr. Gasparian believes that every client should work directly with their lawyer. That way, they can get honest advice, and the personalized attention to detail their case deserves.
