You Were Injured. California Law Protects Your Rights.

Negligence and Duty of Care in California Personal Injury Law

California personal injury law is built on the doctrine of negligence: every person owes others a duty of reasonable care, and a breach of that duty that causes injury creates civil liability for all resulting damages. Understanding how California defines and enforces this duty across different injury contexts is the foundation of every personal injury claim.

California Civil Code Section 1714 provides the general duty of care: every person is responsible for injury occasioned to another by their want of ordinary care or skill in the management of their property. For specific injury categories, California has developed specialized standards: property owners owe the Rowland v. Christian (1968) duty of care to visitors; manufacturers owe strict liability to consumers under Greenman v. Yuba Power Products (1963); dog owners are strictly liable for bites under Civil Code Section 3342; and medical providers owe the MICRA standard of professional care.

In vehicle accident cases, California Vehicle Code violations establish negligence per se — the violation satisfies the negligence element without requiring separate proof of unreasonable conduct. FMCSA federal regulatory violations in commercial truck accidents create the same negligence per se effect in civil litigation.

California's Pure Comparative Fault System

California follows pure comparative fault from Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. An injured person may recover damages regardless of their own fault percentage — recovery is reduced proportionally but never eliminated. This is the most plaintiff-favorable fault system in the country: 33 states bar recovery entirely when the plaintiff reaches 50% or 51% fault. In California, a plaintiff found 90% at fault still recovers 10% of their total damages.

Proposition 51 (Civil Code Section 1431.2) modifies comparative fault in multi-defendant cases: each defendant is jointly and severally liable for all economic damages (medical bills, lost wages), but each defendant pays only their proportionate share of non-economic damages (pain and suffering, emotional distress). This distinction between economic and non-economic damage allocation drives settlement strategy in multi-party California personal injury cases.

Statute of Limitations: California's Filing Deadlines

California Code of Civil Procedure Section 335.1 provides a two-year statute of limitations for most personal injury claims from the date of injury. This is absolute for most claims — missing it results in permanent dismissal regardless of the merits.

Key exceptions and variations: medical malpractice — one year from discovery or three years from the act under MICRA (CCP Section 340.5); government entities — six-month administrative claim deadline under Government Code Section 945.4; minor victims — tolled until age 18 under CCP Section 352; toxic exposure injuries — discovery rule tolls the period from when the plaintiff knew or should have known of the injury and its cause (CCP Section 340.8).

Damages Available in California Personal Injury Cases

California allows recovery of all economic and non-economic damages proximately caused by the defendant's negligence, with limited exceptions. Economic damages (no cap): past and future medical expenses; lost wages and lost earning capacity; property damage; rehabilitation costs; life care costs. Non-economic damages (no cap except MICRA in medical malpractice): pain and suffering; emotional distress; disfigurement; loss of enjoyment of life; loss of consortium.

MICRA caps non-economic damages in medical malpractice at $470,000 for personal injury and $650,000 for wrongful death in 2026, with annual indexing. This cap does not apply to any other personal injury category. Punitive damages under Civil Code Section 3294 are available when the defendant's conduct constitutes malice, oppression, or fraud proved by clear and convincing evidence.

California Auto Insurance Requirements

Senate Bill 1107 (effective January 1, 2025) updated California's minimum liability insurance to $30,000 per person / $60,000 per accident / $15,000 property damage under Vehicle Code Section 16056 — the first update to these minimums since 1967. These minimums remain frequently insufficient for serious injury claims. Uninsured motorist coverage under Insurance Code Section 11580.2 provides recovery when the at-fault driver has no insurance; approximately 16-17% of California drivers carry no coverage.

Government Entity Claims: The Six-Month Deadline

When a government entity — city, county, state agency, school district, transit authority, or public utility — may be responsible for a personal injury, the California Government Claims Act requires a written administrative claim within six months of the injury under Government Code Section 945.4. This is jurisdictional: missing it permanently bars any lawsuit against the government entity, even if the general two-year personal injury period has not expired. Common government entity claims include: city vehicle accidents, Caltrans road defects, public property premises liability, and government-operated transit accidents.

Finding a California Personal Injury Attorney