Bill Text: CA AB3262 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Product liability: electronic retail marketplaces.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2020-09-01 - Ordered to inactive file by unanimous consent. [AB3262 Detail]

Download: California-2019-AB3262-Introduced.html

---

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3262

---

Introduced by Assembly Member Mark Stone

February 21, 2020

---

An act to amend Section 1714 of the Civil Code, relating to civil liability.

LEGISLATIVE COUNSEL'S DIGEST

AB 3262, as introduced, Mark Stone. Civil liability.

Existing law provides, among other things, that a person is responsible, not only for the result of their willful acts, but also for an injury occasioned to another by the person’s want of ordinary care or skill in the management of their property or person. Such want of ordinary care or skill is the standard for negligence in this state.

This bill would specify that a person is responsible for injury occasioned by their negligence.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1714 of the Civil Code is amended to read:

1714.

 (a) Everyone is responsible, not only for the result of his or her that person’s willful acts, but also for an injury occasioned to another by his or her the person’s want of ordinary care or skill skill, or negligence, in the management of his or her their property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. themselves. 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 the adult’s residence to a person whom he or she the adult 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.