In California personal injury cases, the plaintiff’s awareness of the defendant’s negligence is often not a requirement to prove negligence. Generally, negligence is determined based on the defendant’s actions, rather than whether the plaintiff knew or should have known about the risk involved. However, in some instances, such as in assumption of risk defenses, the plaintiff’s awareness of a risk might become relevant. For example, if the plaintiff knowingly engaged in an activity with inherent risks, such as skydiving or attending a sporting event, and suffered injury, the defendant may argue that the plaintiff voluntarily assumed those risks.
Even if the plaintiff was unaware of the defendant’s specific negligent act, they still can recover damages if they can prove that the defendant breached a duty of care and caused harm. Under California law, the focus is primarily on whether the defendant’s conduct was unreasonable or negligent, and if it directly caused the plaintiff’s injury, regardless of the plaintiff’s awareness of that negligence. Nonetheless, if the plaintiff had knowledge of the risk and voluntarily exposed themselves to it, this could affect their ability to recover damages or impact the amount of damages awarded in some cases.
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