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1975 Ins. L.J. 221 (1975)
California Supreme Court Abolishes Contributory Negligence as a Defense

handle is hein.journals/inslj37 and id is 221 raw text is: California Supreme Court Abolishes Contributory Negligence as a Defense By VICTOR B. LEVIT Mr. Levit discusses the recent landmark decision of the Cali- fornia Supreme Court which abolished contributory negli- gence as a defense and adopted the pure form of comparative negligence. He says that the far-reaching ramifications of the decision are as yet impossible to determine. N THE MOST SIGNIFICANT DECISION in many years, whether considered in terms of numbers of people affected or legal principles involved, the California Supreme Court, in the case of Li v. Yellow Cab Company of California,1 abolished contributory negligence as a defense in personal injury and property damage cases. This decision overrules a principle of law that has existed in Cali- fornia since its admission as a state in 1850, reinterprets California Civil Code Section 1714 which had always been interpreted as providing that contributory negligence was a complete defense in a negligence action, and establishes by judicial edict a totally new system to be known as pure comparative negligence. At the same time, the court makes these new rules applicable immediately to all new cases that may be brought--even to existing cases which are on file but have not yet come to trial. Effects of Decision The far-reaching ramifications of the decision a-re impossible to de- termine. The decision certainly, from a balance of powers and governmental point of view, represents increased power for the California judiciary and a corresponding reduction in authority of the legislative and executive branches in this state. It is probable that there will be many more lawsuits, and the lawsuits filed (and those presently on file) will be much more complex and will take longer to try. This will necessarily mean more congestion in the courts, longer delays in the time between commencement of a case and its conclusion, increased legal expenses, and higher insurance premiums for companies writing property or liability insurance. (LA 30277) - Cal..3d , - Cal. Rptr. - (March 31. 1975). 'Contributory Negligence 221

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