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California Negligence Laws

Negligence is an act (or failure to act) when you owe a duty to another individual. For instance, a customer who falls and breaks their arm after slipping on a spill that was not promptly cleaned up may have a negligence claim against the shopkeeper. Negligence definitions are not that different from one state to the next, although the degree to which negligence is shared (when both parties are partially at fault) varies. California negligence laws follow the legal doctrine of "comparative negligence," which allows a plaintiff to sue for the percentage of damages attributable to the defendant.

Below are the basics of California negligence laws. See Negligence: Background for more general information.

Code Section Civ. §1714
Comparative Negligence "Pure" form adopted by Li v. Yellow Cab Co., 532 P.2d 1226 (1975).
Contributory Negligence-Limit to Plaintiff's Recovery -
Contribution Among Tortfeasors Yes; (Civ.§1431.2) liability of each defendant per non-economic damages shall be several only and not joint.
Uniform Act No

Note: State laws are constantly changing -- contact a California personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.

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