California CodesCivil Code - CIVDivision 1 — PersonsPart 1 — Persons with Unsound MindSection 41

A person of unsound mind, of whatever degree, is civilly liable for a wrong done by the person, but is not liable in exemplary damages unless at the time of the act the person was capable of knowing that the act was wrongful.

Notes

Makes a person of unsound mind, whatever the degree of impairment, civilly liable for a wrong they commit, on the same footing as anyone else. Exempts them from exemplary damages unless they were capable of knowing the act was wrongful at the time it was done.

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Lexinter.net | California Code, Civil Code - CIV § 41 | https://laws.lexinter.net/codes/california/civil-code/division-1/part-1/section-41

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