Code Details

Civil Code – CIV
DIVISION 4. GENERAL PROVISIONS [3274 – 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. )
PART 1. RELIEF [3274 – 3428] ( Part 1 enacted 1872. )
TITLE 2. COMPENSATORY RELIEF [3281 – 3361] ( Title 2 enacted 1872. )
CHAPTER 2. Measure of Damages [[3300.] – 3361] ( Chapter 2 enacted 1872. )

ARTICLE 2. Damages for Wrongs [3333 – 3343.7] ( Article 2 enacted 1872. )

Exact Statute Text

In any action for damages based on negligence, a person may not recover any damages if the plaintiff’s injuries were in any way proximately caused by the plaintiff’s commission of any felony, or immediate flight therefrom, and the plaintiff has been duly convicted of that felony.

(Added November 5, 1996, by initiative Proposition 213, Sec. 3. Applicable, by Sec. 4 of Prop. 213, to actions in which the initial trial has not commenced prior to January 1, 1997. Note: Prop. 213 (The Personal Responsibility Act of 1996) also includes Section 3333.4.)

Civil Code § 3333.3 Summary

California Civil Code § 3333.3 establishes a significant limitation on the ability to recover damages in personal injury lawsuits based on negligence. Simply put, if a person’s injuries were caused, even in part, by their involvement in committing a felony or their immediate escape after committing one, they are legally barred from recovering any damages from another party, provided they have been formally convicted of that felony. This statute essentially states that individuals injured while engaged in serious criminal activity cannot seek compensation for those injuries in a civil negligence claim.

Purpose of Civil Code § 3333.3

Civil Code § 3333.3 was enacted as part of Proposition 213, also known as the “Personal Responsibility Act of 1996.” The primary purpose of this initiative, and specifically this statute, was to limit the ability of certain individuals to recover damages in civil lawsuits. For Section 3333.3, the legislative intent was to prevent those who commit felonies from profiting or recovering financially for injuries they sustain during the commission of their crimes. The underlying policy is to promote personal responsibility and to discourage criminal activity by denying civil recourse to individuals injured while breaking the law. It aims to reduce the burden on the civil justice system and insurance providers by preventing what some might consider “unjust” recoveries. This statute reflects a public policy choice that individuals engaged in serious criminal conduct forfeit their right to claim damages, even if another party’s negligence contributed to their injury.

Real-World Example of Civil Code § 3333.3

Consider a scenario where a burglar breaks into a commercial building in the middle of the night. While attempting to disarm the alarm system, the burglar slips on a wet floor that was negligently left uncleaned by a janitorial service. The burglar falls and suffers a severe back injury. They are subsequently apprehended, charged, and convicted of felony burglary. Under Civil Code § 3333.3, even though the janitorial service’s negligence (leaving the floor wet) proximately caused the burglar’s injury, the burglar would be barred from recovering any damages in a personal injury lawsuit against the janitorial service or the building owner. Their injury occurred while they were committing a felony, and they were duly convicted of that felony.

Related Statutes

• Proposition 213 (The Personal Responsibility Act of 1996): This is the initiative that added Civil Code § 3333.3 (and § 3333.4) to the Civil Code. Understanding Prop 213’s broader goals provides context for this specific statute.
• Civil Code § 3333.4 – No Recovery by Uninsured Motorists or DUI Drivers: Also added by Proposition 213, this statute similarly limits the ability of uninsured motorists and drivers convicted of DUI to recover non-economic damages in auto accident cases, even if another driver was at fault. It shares a common policy goal with § 3333.3 of limiting recovery for individuals deemed to be engaging in irresponsible or illegal conduct.
• California Civil Code § 1714 (Comparative Negligence): While not directly related in its subject matter, Civil Code § 3333.3 acts as an *exception* to California’s general principles of comparative negligence. Ordinarily, if a plaintiff is partially at fault for their injuries, their damages are reduced proportionally. However, under § 3333.3, if the felony condition is met, recovery is completely barred, irrespective of any comparative fault.

Why Civil Code § 3333.3 Matters in Personal Injury Litigation

Civil Code § 3333.3 is a powerful and absolute defense in California personal injury litigation. For defendants and their insurance companies, establishing that the plaintiff’s injuries were proximately caused by their commission of a felony and subsequent conviction can completely eliminate liability, regardless of how negligent the defendant may have been. This significantly shifts the risk in cases where the plaintiff has a criminal background or was involved in criminal activity at the time of injury.

For plaintiffs and their attorneys, this statute necessitates a thorough investigation into the circumstances surrounding the injury and the plaintiff’s criminal history. If a plaintiff was committing a felony at the time of the injury and faces a potential conviction, pursuing a negligence claim may be futile. This statute can be a critical factor in settlement negotiations, as the defense will undoubtedly leverage its existence to argue for dismissal or a drastically reduced settlement. Understanding its nuances is crucial for both sides to accurately assess the viability and value of a personal injury claim in California.