CALIFORNIA LEGAL CODE

California Civil Code § 3333

Measure of Tort Damages

PUBLISHED · UPDATED

Under California Civil Code § 3333, a person harmed by another’s wrongful act may recover the amount that will compensate for all the detriment proximately caused, whether or not it could have been anticipated.

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

Exact Statute Text

3333. For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.

Read the full, current section at the official source: Cal. Civ. Code § 3333 (leginfo).

In Plain English

  • Full compensation: the goal is to make the injured person whole for all detriment proximately caused.
  • Foreseeability not required: recovery covers harm “whether it could have been anticipated or not.”
  • Broad scope: supports economic (medical bills, lost earnings) and non-economic (pain, emotional distress) damages.
  • Baseline rule: applies unless another Code section expressly provides otherwise.

Key Terms Defined

Detriment

Any loss or harm suffered in person or property (the thing being compensated).

Proximate cause

The legally sufficient causal link between the wrongful act and the harm.

Non-economic damages

Compensation for pain, suffering, and emotional distress — recoverable as detriment proximately caused.

Purpose & Context

Section 3333 is California’s foundational tort-damages rule. It anchors why survivors of abuse or injury can recover the full range of harm — medical costs, lost earnings, and emotional injury — caused by a wrongful act.

Real-World Example

A survivor’s abuse causes years of therapy, lost income, and PTSD. Under § 3333, the measure of damages is the amount needed to compensate for all of that detriment proximately caused — even harm that could not have been specifically anticipated.

Civil Code § 3333 at a glance

Civil Code § 3333 at a glance — Source: Cal. Civ. Code § 3333 (leginfo).
ItemRule
Measure of damagesAll detriment proximately caused by the wrongful act
ForeseeabilityRecoverable whether anticipated or not
Covered harmEconomic (bills, lost earnings) + non-economic (pain, distress)
Applies unlessAnother Code section expressly provides otherwise

Why 3333 Matters

For survivors & plaintiffs

This is the rule that lets you recover the full measure of your harm — medical, financial, and emotional — proximately caused by the wrongdoing. See our California sexual abuse lawyer page.

For defendants & institutions

Damages are measured by all detriment proximately caused, so causation and scope-of-harm are central issues in valuing a claim.

Frequently Asked Questions

What damages can I recover for a personal injury or abuse claim in California?

Under Civil Code § 3333, the amount that compensates for all detriment proximately caused — economic and non-economic — whether or not it was foreseeable.

Does the harm have to be foreseeable to recover?

No. Section 3333 allows recovery for detriment proximately caused ‘whether it could have been anticipated or not.’

Are emotional distress and pain recoverable?

Yes — non-economic harm is part of the detriment proximately caused by a wrongful act.

Does § 3333 always control the amount?

It is the baseline measure ‘except where otherwise expressly provided by this Code’ (e.g., punitive damages under § 3294).

Sources & Legal Authorities

Primary and government sources (verified). This page is legal information, not legal advice.

Joseph Shirazi, Managing Partner at Compass Law Group

Joseph Shirazi — Managing Partner · California State Bar #265403

Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, representing injury and abuse survivors throughout California. He leads the firm’s litigation practice and has recovered substantial results for clients in serious injury and sexual abuse cases.

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Legally reviewed by Simon Esfandi, Partner & Co-Founder (CA Bar #275307).

Disclaimer: This page provides general legal information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes.

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