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Rowland v. Christian-Elements of Tort Duty
( Munoz v. City of Union City )
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Rowland v. Christian-Elements of Tort Duty To A Plaintiff.
(Munoz v. City of Union City)

In Rowland v. Christian (1968) 69 Cal.2d 108, the court identified a number of elements to be assessed in deciding whether a defendant owed a tort duty to a plaintiff. “These factors include: (1) the foreseeability of harm to the injured party; (2) the degree of certainty that the injured party suffered harm; (3) the closeness of the connection between the defendant’s conduct and the injury suffered; (4) the moral blame attached to the defendant’s conduct; (5) the policy of preventing future harm; (6) the extent of the burden to the defendant; and (7) the consequences to the community of imposing a duty to exercise care, with resulting potential liability. (Rowland, supra, 69 Cal.2d at pp. 112-113.) Where a public entity is involved, the court considers the following additional factors: the availability, cost, and prevalence of insurance for the risk involved; the extent of the agency’s powers; the role imposed on it by law; and the limitations imposed on it by budget. (Thompson v. County of Alameda (1980) 27 Cal.3d 741, 750 . . . ; Dutton [v. City of Pacifica (1995)] 35 Cal.App.4th [1171,] 1175; Allen [v. Toten (1985)] 172 Cal.App.3d [1079,] 1086-1087.)” (Adams, supra, 68 Cal.App.4th at pp. 267-268.) “[W]hen addressing conduct on the part of a defendant that is ‘deliberative, and . . . undertaken to promote a chosen goal, . . . [c]hief among the factors which must be considered is the social value of the interest which the actor is seeking to advance.’ [Citations.]” (Parsons, supra, 15 Cal.4th at p. 473, italics omitted.)

Munoz v. City of Union City A0958467/23/04

Jul 23 2004

A095846
[PDF] [DOC]

Munoz v. City of Union City 7/23/04 CA1/2

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