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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Calder v. Anderson, 911 P.2d 1157 (1996)

Citation
Calder v. Anderson, 911 P.2d 1157 (1996)
Parent Document
Calder v. Anderson, 911 P.2d 1157 (1996)
Jurisdiction
Montana (state)
Effective Date
1996-02-26

Other Sections in This Document (335)

Full Text

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This Court has acknowledged the rule that universally known conditions should not be considered hazards. Luebeck v. Safeway Stores, Inc. (1968), 152 Mont. 88, 93, 446 P.2d 921, 924. We have further recognized that the mere happening of an accident, in itself, is not evidence of negligence. Clark v. Norris (1987), 226 Mont. 43, 48, 734 P.2d 182, 185. The law does not require that for every injury there must be a recovery of damages, but only imposes liability for a breach of legal duty proximately causing injury. Clark, 734 P.2d at 185.