Weirum v. RKO Gen., Inc., 15 Cal.3d 40, 46 (1975) (“every case is governed by the rule of general application that all persons are required to use ordinary care to prevent others from being injured as the result of their conduct.”); See also Cal. Civ. Code § 1708 (“Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.”).

In California, Civil Code Section 1708 provides that “[e]very person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.” Cal. Civ. Code § 1708. Thus, in California, virtually every claim for relief alleges a statutory violation, yet limitation of liability clauses are routinely enforced.