California Civil Code § 1714

Under California Civil Code § 1714, everyone is responsible for injuries caused to another by their want of ordinary care. This is the foundation of California negligence law — the general duty to use reasonable care to avoid harming others.

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text

Read the full, current section at the official source: Cal. Civ. Code § 1714 (leginfo).

In Plain English

• General duty of care: people must use ordinary care to avoid injuring others — the basis of nearly every negligence claim.
• Comparative fault built in: recovery is reduced to the extent the injured person’s own lack of care contributed to the harm.
• Applies broadly — car crashes, premises hazards, and most accidental injuries.
• Damages are measured under California’s compensatory-relief rules (see Civil Code § 3333).

Key Terms Defined

Ordinary care

The care a reasonably careful person would use under the same circumstances.

Negligence

Failing to use ordinary care, causing injury to another — the core theory of most injury claims.

Comparative fault

The reduction of a plaintiff’s recovery by their own percentage of responsibility for the harm.

Purpose & Context

Section 1714 codifies the general duty of care that anchors California tort law. It establishes that people are accountable for the foreseeable harm their carelessness causes — the starting point for proving negligence in an injury case.

Real-World Example

A store leaves a spill unattended and a customer slips and is hurt. Under § 1714, the store may be liable for failing to use ordinary care to keep the premises safe; if the customer was also careless, comparative fault reduces — but does not erase — their recovery.

Civil Code § 1714 at a glance

Related California Statutes

• CCP § 335.1 — the two-year filing deadline
• Civil Code § 3333 — measure of damages
• Civil Code § 3342 — dog-bite liability

Why 1714 Matters

For injured people & families

This is the rule that makes a careless driver, property owner, or business answerable for the harm they cause — the legal foundation of your injury claim. See our California injury lawyer page.

For defendants

Because comparative fault is built into § 1714, the injured party’s own conduct is often a key defense issue affecting the amount owed.

Frequently Asked Questions

What is the general duty of care in California?

Civil Code § 1714 makes everyone responsible for injuries caused by their want of ordinary care — the basis of negligence claims.

Does my own carelessness affect my claim?

Yes. California uses comparative fault, so your recovery is reduced by your percentage of responsibility, but not eliminated.

What do I have to prove in a negligence case?

Generally duty, breach of ordinary care, causation, and damages.

How are damages measured?

Under California’s compensatory-relief rules, primarily Civil Code § 3333.