1714. (a) Every one is responsible, not only for the result of his
willful acts, but also for an injury occasioned to another by his
want of ordinary care or skill in the management of his property or
person, except so far as the latter has, willfully or by want of
ordinary care, brought the injury upon himself. The extent of
liability in such cases is defined by the Title on Compensatory
(b) It is the intent of the Legislature to abrogate the holdings
in cases such as Vesely v. Sager (5 Cal. 3d 153), Bernhard v. Harrah'
s Club (16 Cal. 3d 313), and Coulter v. Superior Court (____ Cal. 3d
____) 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) No social host who furnishes alcoholic beverages to any person
shall be held legally accountable for damages suffered by such
person, or for injury to the person or property of, or death of, any
third person, resulting from the consumption of such beverages.
1714.1. (a) Any act of willful misconduct of a minor which results
in injury or death to another person or in any injury to the property
of another shall be imputed to the parent or guardian having custody
and control of the minor for all purposes of civil damages, and the
parent or guardian having custody and control shall be jointly and
severally liable with the minor for any damages resulting from the
Subject to the provisions of subdivision (c), the joint and
several liability of the parent or guardian having custody and
control of a minor under this subdivision shall not exceed
twenty-five thousand dollars ($25,000) for each tort of the minor,
and in the case of injury to a person, imputed liability shall be
further limited to medical, dental and hospital expenses incurred by
the injured person, not to exceed twenty-five thousand dollars
($25,000). The liability imposed by this section is in addition to
any liability now imposed by law.
(b) Any act of willful misconduct of a minor which results in the
defacement of property of another with paint or a similar substance
shall be imputed to the parent or guardian having custody and control
of the minor for all purposes of civil damages, including court
costs, and attorney's fees, to the prevailing party, and the parent
or guardian having custody and control shall be jointly and severally
liable with the minor for any damages resulting from the willful
misconduct, not to exceed twenty-five thousand dollars ($25,000),
except as provided in subdivision (c), for each tort of the minor.
(c) The amounts listed in subdivisions (a) and (b) shall be
adjusted every two years by the Judicial Council to reflect any
increases in the cost of living in California, as indicated by the
annual average of the California Consumer Price Index. The Judicial
Council shall round this adjusted amount up or down to the nearest
hundred dollars. On or before January 1, 1997, and on or before
January 1 of each odd-numbered year thereafter, the Judicial Council
shall compute and publish the amounts listed in subdivisions (a) and
(b), as adjusted according to this subdivision.
(d) The maximum liability imposed by this section is the maximum
liability authorized under this section at the time that the act of
willful misconduct by a minor was committed.
(e) Nothing in this section shall impose liability on an insurer
for a loss caused by the willful act of the insured for purposes of
Section 533 of the Insurance Code. An insurer shall not be liable
for the conduct imputed to a parent or guardian by this section for
any amount in excess of ten thousand dollars ($10,000).
1714.2. (a) In order to encourage citizens to participate in
emergency medical services training programs and to render emergency
medical services to fellow citizens, no person who has completed a
basic cardiopulmonary resuscitation course which complies with the
standards adopted by the American Heart Association or the American
Red Cross for cardiopulmonary resuscitation and emergency cardiac
care, and who, in good faith, renders emergency cardiopulmonary
resuscitation at the scene of an emergency shall be liable for any
civil damages as a result of any acts or omissions by such person
rendering the emergency care.
(b) This section shall not be construed to grant immunity from
civil damages to any person whose conduct in rendering such emergency
care constitutes gross negligence.
(c) In order to encourage local agencies and other organizations
to train citizens in cardiopulmonary resuscitation techniques, no
local agency, entity of state or local government, or other public or
private organization which sponsors, authorizes, supports, finances,
or supervises the training of citizens in cardiopulmonary
resuscitation shall be liable for any civil damages alleged to result
from such training programs.
(d) In order to encourage qualified individuals to instruct
citizens in cardiopulmonary resuscitation, no person who is certified
to instruct in cardiopulmonary resuscitation by either the American
Heart Association or the American Red Cross shall be liable for any
civil damages alleged to result from the acts or omissions of an
individual who received instruction on cardiopulmonary resuscitation
by that certified instructor.
(e) This section shall not be construed to grant immunity from
civil damages to any person who renders such emergency care to an
individual with the expectation of receiving compensation from the
individual for providing the emergency care.
1714.21. (a) For purposes of this section, the following
definitions shall apply:
(1) "AED" or "defibrillator" means an automated or automatic
(2) "CPR" means cardiopulmonary resuscitation.
(b) A person who has completed a basic CPR and AED use course that
complies with regulations adopted by the Emergency Medical Services
(EMS) Authority and the standards of the American Heart Association
or the American Red Cross for CPR and AED use, and who, in good faith
and not for compensation, renders emergency care or treatment by the
use of an AED at the scene of an emergency shall not be liable for
any civil damages resulting from any acts or omissions in rendering
the emergency care.
(c) A person or entity who provides CPR and AED training to a
person who renders emergency care pursuant to subdivision (b) shall
not be liable for any civil damages resulting from any acts or
omissions of the person rendering the emergency care.
(d) A physician who is involved with the placement of an AED and
any person or entity responsible for the site where an AED is located
shall not be liable for any civil damages resulting from any acts or
omissions of a person who renders emergency care pursuant to
subdivision (b) if that physician, person, or entity has complied
with all requirements of Section 1797.196 of the Health and Safety
Code that apply to that physician, person, or entity.
(e) The protections specified in this section shall not apply in
the case of personal injury or wrongful death that results from the
gross negligence or willful or wanton misconduct of the person who
renders emergency care or treatment by the use of an AED.
(f) Nothing in this section shall relieve a manufacturer,
designer, developer, distributor, installer, or supplier of an AED or
defibrillator of any liability under any applicable statute or rule
1714.25. (a) Except for injury resulting from negligence or a
willful act in the preparation or handling of donated food, no food
facility that donates any food that is fit for human consumption at
the time it was donated to a nonprofit charitable organization or a
food bank shall be liable for any damage or injury resulting from the
consumption of the donated food.
The immunity from civil liability provided by this subdivision
applies regardless of compliance with any laws, regulations, or
ordinances regulating the packaging or labeling of food, and
regardless of compliance with any laws, regulations, or ordinances
regulating the storage or handling of the food by the donee after the
donation of the food.
(b) A nonprofit charitable organization or a food bank that, in
good faith, receives and distributes food without charge that is fit
for human consumption at the time it was distributed is not liable
for an injury or death due to the food unless the injury or death is
a direct result of the negligence, recklessness, or intentional
misconduct of the organization.
(c) For the purposes of this section:
(1) "Nonprofit charitable organization" has the meaning defined in
Section 114440 of the Health and Safety Code.
(2) "Food bank" has the meaning defined in Section 114445 of the
Health and Safety Code.
1714.3. Civil liability for any injury to the person or property of
another proximately caused by the discharge of a firearm by a minor
under the age of 18 years shall be imputed to a parent or guardian
having custody and control of the minor for all purposes of civil
damages, and such parent or guardian shall be jointly and severally
liable with such minor for any damages resulting from such act, if
such parent or guardian either permitted the minor to have the
firearm or left the firearm in a place accessible to the minor.
The liability imposed by this section is in addition to any
liability otherwise imposed by law. However, no person, or group of
persons collectively, shall incur liability under this section in any
amount exceeding thirty thousand dollars ($30,000) for injury to or
death of one person as a result of any one occurrence or, subject to
the limit as to one person, exceeding sixty thousand dollars
($60,000) for injury to or death of all persons as a result of any
one such occurrence.
1714.4. (a) In a products liability action, no firearm or
ammunition shall be deemed defective in design on the basis that the
benefits of the product do not outweigh the risk of injury posed by
its potential to cause serious injury, damage, or death when
(b) For purposes of this section:
(1) The potential of a firearm or ammunition to cause serious
injury, damage, or death when discharged does not make the product
defective in design.
(2) Injuries or damages resulting from the discharge of a firearm
or ammunition are not proximately caused by its potential to cause
serious injury, damage, or death, but are proximately caused by the
actual discharge of the product.
(c) This section shall not affect a products liability cause of
action based upon the improper selection of design alternatives.
(d) This section is declaratory of existing law.
1714.45. (a) In a product liability action, a manufacturer or
seller shall not be liable if both of the following apply:
(1) The product is inherently unsafe and the product is known to
be unsafe by the ordinary consumer who consumes the product with the
ordinary knowledge common to the community.
(2) The product is a common consumer product intended for personal
consumption, such as sugar, castor oil, alcohol, and butter, as
identified in comment i to Section 402A of the Restatement (Second)
(b) This section does not exempt the manufacture or sale of
tobacco products by tobacco manufacturers and their successors in
interest from product liability actions, but does exempt the sale or
distribution of tobacco products by any other person, including, but
not limited to, retailers or distributors.
(c) For purposes of this section, the term "product liability
action" means any action for injury or death caused by a product,
except that the term does not include an action based on a
manufacturing defect or breach of an express warranty.
(d) This section is intended to be declarative of and does not
alter or amend existing California law, including Cronin v. J.B.E.
Olson Corp. (1972), 8 Cal. 3d 121, and shall apply to all product
liability actions pending on, or commenced after, January 1, 1988.
(e) This section does not apply to, and never applied to, an
action brought by a public entity to recover the value of benefits
provided to individuals injured by a tobacco-related illness caused
by the tortious conduct of a tobacco company or its successor in
interest, including, but not limited to, an action brought pursuant
to Section 14124.71 of the Welfare and Institutions Code. In the
action brought by a public entity, the fact that the injured
individual's claim against the defendant may be barred by a prior
version of this section shall not be a defense. This subdivision
does not constitute a change in, but is declaratory of, existing law
relating to tobacco products.
(f) It is the intention of the Legislature in enacting the
amendments to subdivisions (a) and (b) of this section adopted at the
1997-98 Regular Session to declare that there exists no statutory
bar to tobacco-related personal injury, wrongful death, or other tort
claims against tobacco manufacturers and their successors in
interest by California smokers or others who have suffered or
incurred injuries, damages, or costs arising from the promotion,
marketing, sale, or consumption of tobacco products. It is also the
intention of the Legislature to clarify that those claims that were
or are brought shall be determined on their merits, without the
imposition of any claim of statutory bar or categorical defense.
(g) This section shall not be construed to grant immunity to a
tobacco industry research organization.
1714.5. There shall be no liability on the part of one, including
the State of California, county, city and county, city or any other
political subdivision of the State of California, who owns or
maintains any building or premises which have been designated as a
shelter from destructive operations or attacks by enemies of the
United States by any disaster council or any public office, body, or
officer of this state or of the United States, or which have been
designated or are used as mass care centers, first aid stations,
temporary hospital annexes, or as other necessary facilities for
mitigating the effects of a natural, manmade, or war-caused
emergency, for any injuries arising out of the use thereof for such
purposes sustained by any person while in or upon said building or
premises as a result of the condition of said building or premises or
as a result of any act or omission, or in any way arising from the
designation of such premises as a shelter, or the designation or use
thereof as a mass care center, first aid station, temporary hospital
annex, or other necessary facility for emergency purposes, except a
willful act, of such owner or occupant or his servants, agents or
employees when such person has entered or gone upon or into said
building or premises for the purpose of seeking refuge, treatment,
care, or assistance therein during destructive operations or attacks
by enemies of the United States or during tests ordered by lawful
authority or during a natural or manmade emergency.
No disaster service worker who is performing disaster services
ordered by lawful authority during a state of war emergency, a state
of emergency, or a local emergency, as such emergencies are defined
in Section 8558 of the Government Code, shall be liable for civil
damages on account of personal injury to or death of any person or
damage to property resulting from any act or omission in the line of
duty, except one that is willful.
1714.6. The violation of any statute or ordinance shall not
establish negligence as a matter of law where the act or omission
involved was required in order to comply with an order or
proclamation of any military commander who is authorized to issue
such orders or proclamations; nor when the act or omission involved
is required in order to comply with any regulation, directive, or
order of the Governor promulgated under the California Emergency
Services Act. No person shall be prosecuted for a violation of any
statute or ordinance when violation of such statute or ordinance is
required in order to comply with an order or proclamation of any
military commander who is authorized to issue such orders or
proclamations; nor shall any person be prosecuted for a violation of
any statute or ordinance when violation of such statute or ordinance
is required in order to comply with any regulation, directive, or
order of the Governor promulgated under the California Emergency
Services Act. The provisions of this section shall apply to such
acts or omissions whether occurring prior to or after the effective
date of this section.
1714.7. No person who is injured while getting on, or attempting to
get on, a moving locomotive or railroad car, without authority from
the owner or operator of the railroad, or who, having gotten on a
locomotive or railroad car while in motion without such authority, is
injured while so riding or getting off, shall recover any damages
from the owner or operator thereof for such injuries unless
proximately caused by an intentional act of such owner or operator
with knowledge that serious injury is the probable result of such
act, or with a wanton and reckless disregard of the probable result
of such act.
1714.8. (a) No health care provider shall be liable for
professional negligence or malpractice for any occurrence or result
solely on the basis that the occurrence or result was caused by the
natural course of a disease or condition, or was the natural or
expected result of reasonable treatment rendered for the disease or
condition. This section shall not be construed so as to limit
liability for the failure to inform of the risks of treatment or
failure to accept treatment, or for negligent diagnosis or treatment
or the negligent failure to diagnose or treat.
(b) As used in this section, "health care provider" means any
person licensed or certified pursuant to Division 2 (commencing with
Section 500) of the Business and Professions Code, or licensed
pursuant to the Osteopathic Initiative Act or the Chiropractic
Initiative Act, or certified pursuant to Chapter 2.5 (commencing with
Section 1440) of Division 2 of the Health and Safety Code, and any
clinic, health dispensary, or health facility licensed pursuant to
Division 2 (commencing with Section 1200) of the Health and Safety
1714.9. (a) Notwithstanding statutory or decisional law to the
contrary, any person is responsible not only for the results of that
person's willful acts causing injury to a peace officer, firefighter,
or any emergency medical personnel employed by a public entity, but
also for any injury occasioned to that person by the want of ordinary
care or skill in the management of the person's property or person,
in any of the following situations:
(1) Where the conduct causing the injury occurs after the person
knows or should have known of the presence of the peace officer,
firefighter, or emergency medical personnel.
(2) Where the conduct causing the injury occurs after the person
knows or should have known of the presence of the peace officer,
firefighter, or emergency medical personnel, violates a statute,
ordinance, or regulation, and was the proximate cause of an injury
which the statute, ordinance, or regulation was designed to prevent,
and the statute, ordinance, or regulation was designed to protect the
peace officer, firefighter, or emergency medical personnel.
As used in this subdivision, a statute, ordinance, or regulation
prohibiting resistance or requiring a person to comply with an order
of a peace officer or firefighter is designed to protect the peace
officer, firefighter, or emergency medical personnel.
(3) Where the conduct causing the injury was intended to injure
the peace officer, firefighter, or emergency medical personnel.
(4) Where the conduct causing the injury is arson as defined in
Section 451 of the Penal Code.
(b) This section does not preclude the reduction of an award of
damages because of the comparative fault of the peace officer or
firefighter in causing the injury.
(c) The employer of a firefighter, peace officer or emergency
medical personnel may be subrogated to the rights granted by this
section to the extent of the worker's compensation benefits, and
other liabilities of the employer, including all salary, wage,
pension, or other emolument paid to the employee or the employee's
(d) The liability imposed by this section shall not apply to an
employer of a peace officer, firefighter, or emergency service
1714.10. (a) No cause of action against an attorney for a civil
conspiracy with his or her client arising from any attempt to contest
or compromise a claim or dispute, and which is based upon the
attorney's representation of the client, shall be included in a
complaint or other pleading unless the court enters an order allowing
the pleading that includes the claim for civil conspiracy to be
filed after the court determines that the party seeking to file the
pleading has established that there is a reasonable probability that
the party will prevail in the action. The court may allow the filing
of a pleading claiming liability based upon such a civil conspiracy
following the filing of a verified petition therefor accompanied by
the proposed pleading and supporting affidavits stating the facts
upon which the liability is based. The court shall order service of
the petition upon the party against whom the action is proposed to be
filed and permit that party to submit opposing affidavits prior to
making its determination. The filing of the petition, proposed
pleading, and accompanying affidavits shall toll the running of any
applicable statute of limitations until the final determination of
the matter, which ruling, if favorable to the petitioning party,
shall permit the proposed pleading to be filed.
(b) Failure to obtain a court order where required by subdivision
(a) shall be a defense to any action for civil conspiracy filed in
violation thereof. The defense shall be raised by the party charged
with civil conspiracy upon that party's first appearance by demurrer,
motion to strike, or such other motion or application as may be
appropriate. Failure to timely raise the defense shall constitute a
(c) This section shall not apply to a cause of action against an
attorney for a civil conspiracy with his or her client, where (1) the
attorney has an independent legal duty to the plaintiff, or (2) the
attorney's acts go beyond the performance of a professional duty to
serve the client and involve a conspiracy to violate a legal duty in
furtherance of the attorney's financial gain.
(d) This section establishes a special proceeding of a civil
nature. Any order made under subdivision (a), (b), or (c) which
determines the rights of a petitioner or an attorney against whom a
pleading has been or is proposed to be filed, shall be appealable as
a final judgment in a civil action.
(e) Subdivision (d) does not constitute a change in, but is
declaratory of, the existing law.