Paz v. State of California

Opinion

CHIN, J.

This case concerns the duty private contractors owe the general public when they undertake work that might affect an allegedly dangerous condition of public property. Consequently, we consider the negligent undertaking theory of liability articulated in Restatement Second of Torts, section 324A (section 324A), and its application in this context.

As we recently stated in Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 613 [76 Cal.Rptr.2d 479, 957 P.2d 1313] (Artiglio), the section 324A theory of liability—sometimes referred to as the “Good Samaritan” mle—is a settled principle…