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Ex. DUT-CA-013 Standing duty Primary source read

Statute: Evidence Code section 669, presumption of failure to exercise due care from violation of a statute, ordinance or regulation

Evidence Code section 669: the failure of a person to exercise due care is presumed if the person violated a statute, ordinance or regulation of a public entity, the violation proximately caused death or injury, the harm was of the kind the enactment was designed to prevent, and the injured person was within the protected class

California Legislature (codified text published by the Legislative Counsel) · California (State)

The COVID Project

The record

Jurisdiction
California
Level
State
Authority
Evidence Code, Stats. 1967, ch. 650
Issued
2020-11-11 Nov. 11, 2020
Effective
standing (read as 2020-11-11)
End
standing (read as 2021-09-30)
In force
Standing since Nov. 11, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
Addressees
  • persons generally, including employers and owners or persons in control of premises
Character
statutory duty
Collection
Standing duties: California DUT-CA

Operative words

(a) The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity; (2) The violation proximately caused death or injury to person or property; (3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and (4)...

Penalty

Civil: presumption of negligence in any action for death or injury (tort exposure to customers, visitors and, as litigated in DUT-CA-019 and DUT-CA-020, employees' household members).

What it required

Made every health order issued under the Emergency Services Act (force of law, Gov. Code section 8567), every Health and Safety Code quarantine and disinfection regulation, every county health ordinance and every Title 8 standard the legal standard of care in California: an employer whose violation of one of them proximately caused a COVID-19 infection is presumed to have failed to exercise due care, rebuttable only by proof that it 'did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law' (subdivision (b)(1)). California enacted no liability shield to displace this rule (DUT-CA-017).

Retrieval note

Rendered from the Wayback Machine's capture of Nov. 11, 2020 of the official page, so the exhibit shows the text as it stood within the period; the history note '(Added by Stats. 1967, Ch. 650.)' shows no amendment. This is the standard-of-care instrument the task's category 4 asks for in a State without a shield statute: in California the condition that other States wrote into their shields (protection only for a business that complied with the health standards) is the general rule of negligence law, and compliance with the orders and regulations is the only way to avoid the presumption.