Becker v. IRM Corp., 698 P.2d 116 (1985)

Citation: Becker v. IRM Corp., 698 P.2d 116 (1985)
Parent Document: Becker v. IRM Corp., 698 P.2d 116 (1985)
Jurisdiction: California (state)
Effective Date: 1985-04-29
Original Source: https://www.courtlistener.com/opinion/1172788/becker-v-irm-corp/ ↗

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But in all cases, the primary consideration in establishing the element of duty is the foreseeability of the risk. (Sun N’ Sand, supra, 21 Cal.3d at p. 695; Weirum, supra, 15 Cal.3d at p. 46; DeSuza, supra, at p. 702.) “ ‘As a general principle, a “defendant owes a duty of care to all persons who are foreseeably endangered by his conduct, with respect to all risks which make the conduct unreasonably dangerous.” ’ ” (Tresemer v. Barke, supra, 86 Cal.App.3d 656, 670.) The question of whether a legal duty exists is one of law (Thompson v. County of Alameda[, supra,] 27 Cal.3d 741, 750 [167 Cal.Rptr. 70, 614 P.2d 728, 12 A.L.R.4th 701]), but if the issue depends upon the foreseeability of the risk it becomes a question of fact for resolution by the jury (Weirum [], supra, 15 Cal.3d 40, 46; Harris v. De La Chapelle, supra, 55 Cal.App.3d 644, 647).1

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