California Civil Code 1714 specifies that a person can be held responsible for injuries resulting from reckless, careless, or intentional acts, even if they never meant to cause harm. This law applies to individuals, companies, workplaces, and government entities that fail to practice safe behavior or fail to create a safe environment for others.
CC 1714 is a foundational statute in California Personal Injury Law and is often referred to as the “general negligence” law, applying to car accidents, slip-and-falls, dog bites, premises liabilities, and product liability.
CC 1714 Defined:
If an individual, company, or government entity fails to exercise reasonable care over their property and someone gets injured, they can be held liable for damages according to California’s Civil Code 1714(a), which states:
“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, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
What Damages Can Be Claimed for an Injury Caused By Willful Negligence
California law permits injured parties to recover compensation for damages sustained in a personally injury accident according to California Civil Code 3333. This statute states:
“For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.”
There are three damages you can claim that will have a substantial impact on the amount of compensation you can expect to receive from your insurance claim. These damages include:
- Economic damages: financial damages you incurred due to the accident. These include:
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages. These include:
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party. Although rare, they can sometimes be claimed, depending on the details of the accident. These include:
- Reckless behavior
- Actions performed out of spite
Contact a California Personal Injury Lawyer
If you or a loved one has been injured due to a careless act or hazardous condition, the attorneys at Maison Law can help. Careless acts can be difficult to prove in some cases, but our law firm will take the time to build a strong case on your behalf to ensure you are fully compensated.
We offer all victims and their family members a free, no-risk consultation, so contact Maison Law today to get the legal help you need. No upfront money is required, and we only get paid if we win your case.
