California torts law governs the noncriminal or civil, wrongdoings that can harm or injury in some manner, or wrongdoings that cause loss to another. Torts are categorized into three main types namely intentional torts, negligence, and strict liability. Here are some aspects of California torts law:
Intentional torts: This type of California torts law happens when a person deliberately or intentionally engages in an act that results in harm to another person or property. Examples of intentional torts include intentional infliction of emotional distress, trespassing, false imprisonment, assault, battery, and defamation.
Negligence: Negligence occurs when a person fails to exercise a reasonable degree of care in his actions that result to harm or injury to another person. To establish a claim of negligence in California, the plaintiff must prove the elements of duty, breach of duty, causation, and damages. California follows the doctrine of comparative negligence. Under this doctrine, the plaintiff is partially responsible for their injury, and their damages may be reduced in portion to their degree of fault. California torts law recognizes the fact that cases are not always one-sided. Maybe the defendant did not exercise the required degree of care, but the plaintiff could have avoided the injury which can affect the damages that can be recovered.
Strict liability: This type applies in situations where certain activities or products are inherently dangerous, regardless of the level of care exercised. It does not depend on intention or proof of negligence. California recognizes strict liability in cases involving abnormally dangerous activities, such as strong and using hazardous substances, and in product liability cases where a defective product causes harm. For instance, a dog owner can be held liable for a dog bite due to strict liability.
The information provided in this article is not a substitute for legal advice. If you have a specific question concerning California torts law, it is recommended that you seek legal guidance or advice from an attorney specializing in torts law.