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See also Negligence (land owner/occupier). Active negligence is a term that was developed to deal with the morass of problems created by the common law designations of liability related to land owners and occupiers for those parties coming onto the land and suffering injuries for which they wanted to sue the land owner occupier. To understand the term you need to know the history behind it. Section 1714 of the California Civil Code provides: 'Everyone is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself. . . .' 


This code section, which has been unchanged in California law since 1872, states a civil law and not a common law principle. All persons are required to use ordinary care to prevent others being injured as the result of their conduct. A departure from this fundamental principle involves the balancing of a number of considerations; the major ones are the foreseeability of harm to the ...

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