onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Civil Code Section 1714

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1714

1714.  (a) Everyone is responsible, not only for the result of his
or her willful acts, but also for an injury occasioned to another by
his or her want of ordinary care or skill in the management of his or
her property or person, except so far as the latter has, willfully
or by want of ordinary care, brought the injury upon himself or
herself. The design, distribution, or marketing of firearms and
ammunition is not exempt from the duty to use ordinary care and skill
that is required by this section. The extent of liability in these
cases is defined by the Title on Compensatory Relief.
   (b) It is the intent of the Legislature to abrogate the holdings
in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v.
Harrah's Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court
(1978) 21 Cal.3d 144 and to reinstate the prior judicial
interpretation of this section as it relates to proximate cause for
injuries incurred as a result of furnishing alcoholic beverages to an
intoxicated person, namely that the furnishing of alcoholic
beverages is not the proximate cause of injuries resulting from
intoxication, but rather the consumption of alcoholic beverages is
the proximate cause of injuries inflicted upon another by an
intoxicated person.
   (c) Except as provided in subdivision (d), no social host who
furnishes alcoholic beverages to any person may be held legally
accountable for damages suffered by that person, or for injury to the
person or property of, or death of, any third person, resulting from
the consumption of those beverages.
   (d) (1) Nothing in subdivision (c) shall preclude a claim against
a parent, guardian, or another adult who knowingly furnishes
alcoholic beverages at his or her residence to a person whom he or
she knows, or should have known, to be under 21 years of age, in
which case, notwithstanding subdivision (b), the furnishing of the
alcoholic beverage may be found to be the proximate cause of
resulting injuries or death.
   (2) A claim under this subdivision may be brought by, or on behalf
of, the person under 21 years of age or by a person who was harmed
by the person under 21 years of age.
Section: Previous  1709  1710  1710.1  1710.2  1711  1712  1713  1714  1714.01  1714.1  1714.2  1714.21  1714.22  1714.23  1714.25  Next

Last modified: March 17, 2014