Where one of two innocent persons must suffer by the act of a third, the person, by whose negligence it happened, must be the sufferer.
Cal. Civ. Code § 3543
MAXIMS OF JURISPRUDENCE
Applied in 91 court decisions — leading case 3 Cal. 4th 370 - Bily v. Arthur Young & Co. (1992)
Most recently applied in Piper v. Gooding & Co. (August 2018)
Amended by Stats. 2024, Ch. 812, Sec. 10
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.