Code Details

Civil Code – CIV
DIVISION 1. PERSONS [38 – 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. )
PART 2. PERSONAL RIGHTS [43 – 53.7] ( Part 2 enacted 1872. )

Exact Statute Text

Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations.

(Amended by Stats. 1953, Ch. 604.)

Civil Code § 43 Summary

California Civil Code § 43 is a foundational statute that broadly declares and protects several fundamental personal rights for every individual. It states that, in addition to rights recognized elsewhere (like in the Government Code), every person has the right to be protected from: 1) bodily restraint or physical harm, 2) personal insult, 3) defamation (harm to reputation), and 4) injury to their personal relationships. This protection is not absolute and is subject to other legal qualifications and restrictions. Essentially, this statute acts as a general declaration of basic personal liberties, laying the groundwork for more specific laws and legal actions that address violations of these rights.

Purpose of Civil Code § 43 – General Personal Rights

The legislative purpose behind Civil Code § 43 is to establish a comprehensive, yet foundational, declaration of inherent personal rights for all Californians. Enacted in 1872, its existence underscores the state’s commitment to protecting individual dignity and autonomy. This statute addresses the fundamental problem of potential infringements on basic human liberties by clearly stating that every person is entitled to protection from actions that would physically harm them, demean their character, damage their reputation, or disrupt their significant personal bonds. While broad, it serves as a critical underpinning for the myriad of specific laws and torts (like assault, battery, intentional infliction of emotional distress, defamation, and alienation of affections, among others) that provide remedies when these general rights are violated. It acts as a guiding principle for the development and interpretation of California’s legal framework concerning personal injury and individual protections.

Real-World Example of Civil Code § 43 – General Personal Rights

Imagine a scenario where John is at a public park, and a stranger, Mark, without provocation, suddenly shoves John to the ground, causing John to scrape his knee and feel embarrassed. This single act could violate several of John’s personal rights under Civil Code § 43.

1. Protection from bodily restraint or harm: Mark’s shove constitutes physical harm and an unwanted bodily restraint, directly violating this aspect of the statute.
2. Protection from personal insult: Being publicly shoved could also be considered a personal insult, causing John emotional distress and humiliation.

While Civil Code § 43 itself doesn’t outline the specific remedy, it establishes that John has a *right* to protection from such actions. Based on this foundational right, John could pursue a personal injury claim against Mark for battery (for the bodily harm and restraint) and potentially intentional infliction of emotional distress (for the insult and humiliation). The statute serves as the underlying legal principle affirming that such an unprovoked act is a violation of John’s inherent personal rights.

Related Statutes

Civil Code § 43 provides a general declaration of rights, and many other statutes and common law torts build upon these principles by providing specific definitions and remedies:

• Civil Code § 43.4: This statute specifically states that a person’s rights include the right to freedom from emotional distress, a concept closely tied to the “personal insult” and “injury to personal relations” aspects of Civil Code § 43.
• Civil Code § 45 (Defamation): Directly defines defamation (libel and slander), which is a specific form of “injury to reputation” mentioned in Civil Code § 43.
• Civil Code § 46 (Slander): Specifically defines slander as a form of defamation.
• Civil Code § 47 (Privileged Publications or Broadcasts): Addresses circumstances under which certain statements, even if defamatory, are legally protected.
• Penal Code § 240 (Assault) & Penal Code § 242 (Battery): These criminal statutes define assault and battery, which are direct violations of the right to “protection from bodily harm or restraint” under Civil Code § 43. In civil law, these acts can lead to personal injury claims.
• Common Law Torts (e.g., Intentional Infliction of Emotional Distress): While not a statute, the common law tort of Intentional Infliction of Emotional Distress (IIED) often arises from extreme and outrageous “personal insult” or actions that severely injure “personal relations.”
• Common Law Torts (e.g., False Imprisonment): The tort of false imprisonment directly relates to the “protection from bodily restraint” aspect of Civil Code § 43.

Case Law Interpreting Civil Code § 43 – General Personal Rights

Civil Code § 43 is often cited as a foundational statement of personal rights that underpins more specific causes of action rather than being a standalone basis for extensive interpretation itself. However, courts have recognized its declaratory nature in various contexts:

• [Melvin v. Reid (1931) 112 Cal.App. 285](https://scholar.google.com/scholar_case?case=17622941549419137943&q=%22Civil+Code+%C2%A7+43%22&hl=en&as_sdt=40000000000000): This landmark case in California privacy law, while primarily establishing the “right to be let alone,” referenced Civil Code § 43 as a general recognition of personal rights, including the right to protection from injury to personal relations, which encompasses the right to privacy. The court noted that these rights are fundamental and subject to certain limitations.
• [Block v. Sacramento Clinical Labs, Inc. (1982) 131 Cal.App.3d 386](https://scholar.google.com/scholar_case?case=1109405096536647963&q=%22Civil+Code+%C2%A7+43%22&hl=en&as_sdt=40000000000000): In this case concerning the disclosure of confidential medical information, the court cited Civil Code § 43, alongside other provisions, as part of the broader legislative recognition of a right to privacy. It highlighted how the statute lays the groundwork for protecting a wide range of personal interests.
• [Easton v. Williams (1926) 31 F.2d 85](https://scholar.google.com/scholar_case?case=9411604771413813876&q=%22Civil+Code+%C2%A7+43%22&hl=en&as_sdt=40000000000000): This federal case, applying California law, explicitly cited Civil Code § 43 for the proposition that a person has the right of protection from defamation, demonstrating its direct application in claims for reputational harm.

These cases illustrate that while Civil Code § 43 is broad, it serves as a foundational declaration that informs and supports more specific common law torts and statutory causes of action related to personal injury and privacy.

Why Civil Code § 43 – General Personal Rights Matters in Personal Injury Litigation

Civil Code § 43 is critically important in California personal injury litigation because it articulates the fundamental rights that, when violated, often form the basis of a personal injury lawsuit. For both plaintiffs and defense attorneys, understanding this statute provides a crucial framework:

• For Plaintiffs and Their Attorneys: Civil Code § 43 serves as a legal anchor, affirming the client’s inherent right to be free from harm. When a client suffers “bodily restraint or harm” (e.g., from assault, battery, or negligence), “personal insult” (e.g., leading to emotional distress), “defamation” (e.g., slander or libel impacting reputation and causing damages), or “injury to personal relations” (e.g., loss of consortium, alienation of affection), Civil Code § 43 provides the overarching declaration that these are indeed protected rights. It helps lawyers frame their arguments by showing that the defendant’s actions violated not just a specific tort, but a fundamental right recognized by California law. This can be powerful in establishing liability and justifying damages for physical, emotional, and reputational harms.

• For Defense Attorneys: While seeming to favor plaintiffs, Civil Code § 43 also highlights the “qualifications and restrictions provided by law.” Defense attorneys can use this clause to argue that while a general right may exist, specific legal defenses (like self-defense, consent, or privilege in defamation cases) or limitations on damages might apply, restricting the scope of liability or the extent of compensation. It reminds both sides that not every perceived harm leads to an automatic, unlimited recovery.

In essence, Civil Code § 43 is not typically the sole statute upon which a personal injury claim is built, but it is the bedrock principle. It establishes the legal and moral authority for pursuing claims stemming from physical harm, emotional distress, reputational damage, and relationship interference, making it a foundational piece of any personal injury attorney’s legal toolkit. It provides the legal “why” behind holding wrongdoers accountable for infringing on basic human rights.