Landeros v. Flood

In Landeros v. Flood (1976) 17 Cal. 3d 399, the California Supreme Court recognized civil liability under former Penal Code section 11161.5 for a physician's failure to make a required report of child abuse. The plaintiff, an 11-month-old girl, was taken by her mother to the defendant doctor for treatment of a leg fracture. The complaint alleged the fracture and other injuries from which the child was suffering at the time gave the appearance of having been intentionally inflicted. The mother had no explanation for the injuries. The defendant did not report the child's injuries to the local police or welfare department. After the defendant treated and released the child she suffered further beatings at the hands of her mother and the mother's common law husband. The complaint alleged the defendant doctor was liable for the child's subsequent injuries predicated on common law negligence for failure to diagnose and treat plaintiff's battered child syndrome and negligence per se for failure to comply with the child abuse reporting requirements of former section 11161.5. Section 11161.5 declared that when it "appears to the physician" a minor has been the victim of child abuse the physician "shall report such fact by telephone and in writing, within 36 hours . . ." to the local police or other appropriate agencies. (Stats. 1975, ch. 226, 1, p. 608; Landeros, supra, 17 Cal. 3d at p. 407.) The court held allegations the defendant failed to make the report required by the statute supported an action for personal injury under the doctrine of negligence per se. (17 Cal. 3d at p. 413.) In Landeros, the court found subsequent beatings by the plaintiff's mother and her common law husband did not necessarily relieve a doctor from liability for his negligent failure to diagnose, treat and report to the proper authorities plaintiff's battered child syndrome. (17 Cal. 3d at p. 411.) Although the subsequent beatings were the immediate cause of the plaintiff's injuries, the court held an intervening act "does not amount to a 'superseding cause' relieving the negligent defendant of liability if the intervening act was reasonably foreseeable." (Ibid.) Quoting from section 449 of the Restatement Second of Torts the court stated: " 'If the likelihood that a third person may act in a particular manner is the hazard or one of the hazards which makes the actor negligent, such an act whether innocent, negligent, intentionally tortious, or criminal does not prevent the actor from being liable for harm caused thereby.' " (17 Cal. 3d at p. 411.)