San Francisco, CA asked in Personal Injury for California

Q: What is the US Civil Statute to be stated in a Negligence, Negligence Per Se, Complaint for Damages?

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3 Lawyer Answers
Steven M. Sweat
PREMIUM
Steven M. Sweat
Answered
  • Los Angeles, CA
  • Licensed in California

A: In general, negligence is a "common law" doctrine and not a statutory cause of action. However, California does have a negligence standard set forth in California Civil Code 1714.

William John Light agrees with this answer

Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: Negligence in California is covered by Sec. 1714(a) of the California Civil Code, and is usually plead as a cause of action for damages. Negligence per se is also generally brought as a cause of action, but usually requires proof of the violation of a specific statute to apply.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: There is no United States Civil Statute. Negligence is a common law development, not a statutory one. If you are suing in Federal Court, there may be a variety of applicable statutes that you must, or should, allege, including subject matter jurisdiction, diversity jurisdiction, statutory causes of action, etc. If you are filing in state court, some of those statutes may or may not apply anymore.

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