The Court had to evaluate whether the category of negligent conduct at issue is sufficiently likely to result in the kind of harm experienced that liability may appropriately be imposed on the negligent party. The inquiry into foreseeability entails three considerations: "[1] the [general] foreseeability of harm to the plaintiff, [2] the degree of certainty that the plaintiff suffered injury, [and] [3] the closeness of the connection between the defendant's conduct and the injury suffered. . . .” Cabral v. Ralph's Grocery Co. (2011) 51 Cal.4th 764, 775. Here, the chain of foreseeability was both short and direct.
Analysis In any case where a claim for negligence is asserted, the general rule in California is that each person has a duty to use ordinary care and is liable for injuries caused by his failure to exercise reasonable care in the circumstances. Cabral v. Ralph’s Grocery Co. (2011) 51 Cal.4th 764, 771. Here, the issue was whether to impose a duty of care on a manufacturing company in a secondary exposure case.
Ford appealed the judgment, and asserted that it did not owe a duty to Honer because Ford, as a premises owner, was not responsible for acts or omissions of independent contractors working on Ford’s premises. In finding that Ford did not owe a duty to the plaintiff, the court centered its analysis on the factors that establish a duty of care as defined in Rowland v. Christian, 69 Cal 2d. 108 (1968), and later clarified in Cabral v. Ralphs Grocery Store, 51 Cal.4th 764 (2011). Under Rowland, foreseeability and the burden on the defendant are central to the analysis of finding the existence of a duty.
The Court of Appeal affirmed. See alsoCortez v. Abich, 51 Cal. 4th 285 (2011) (employee of unlicensed contractor may sue homeowner under Cal-OSHA for injuries he sustained during residential remodeling project in which significant portions of the house were demolished and rebuilt and new rooms were added); Cabral v. Ralphs Grocery Co., 51 Cal.4th 764 (2011) (Ralphs was liable for death of driver who suddenly veered off the freeway and collided with the rear of a Ralphs tractor-trailer that was parked alongside an interstate highway where truck driver was having a snack).