Tag Archives: premises liability
When Must Property Owners Warn of Hazards?
PROPERTY OWNERS HAVE A DUTY TO WARN ABOUT KNOWN HAZARDS ON THE LAND. Simply put, California property owners – and those in possession and control of land – have a duty to warn people about known hazards on the land. This includes both hazards about which the property owner has actual knowledge and those… Read More »
The Duty to Protect Against Third Party Crimes
SPECIAL RELATIONSHIPS MAY GIVE RISE TO A DUTY TO PREVENT FORESEEABLE CRIMES Generally speaking, the law does not require people to protect others against the possibility of third party crimes. However, property owners (and those in possession or control of land) may have such a duty where a legally-recognized “special relationship” exists between the… Read More »
Who Has Liability for Dangerous Sidewalks?
PROPERTY OWNERS MUST NOT CREATE HAZARDOUS CONDITIONS ON SIDEWALKS California law does not require property owners to maintain public sidewalks adjacent to their properties. Maintenance of public sidewalks is generally the duty of the city or municipality that owns the walkway. However, where statutes (laws) or other regulations (such as CC&Rs) require property owners… Read More »
Do Property Owners Have a Duty to Trespassers?
GENERALLY SPEAKING, PROPERTY OWNERS OWE NO DUTY TO PEOPLE ENGAGED IN FELONIOUS ACTS Although, as a general rule, property owners (and those with possession and control of real property) owe a duty to all people who enter the property, California law does recognize an affirmative defense if a person is injured while committing a… Read More »
Does a Property Owner’s Knowledge of Risks Increase Liability?
Premises liability generally arises where a property owner, or someone in possession or control of real property, has actual or constructive knowledge of a dangerous condition, and fails to take proper steps to repair and/or warn people about the risk. However, the law does generally require the defendant to have either actual knowledge or constructive knowledge… Read More »
How Do Courts Evaluate “Duty” Under Premises Liability Law?
STATUTES MAY ESTABLISH THE EXISTENCE OF A DUTY Sometimes, the land owner’s duty (or the duty of someone who possesses or controls real property) is established by statute. Statutes–the formal word for laws created by a legislative or administrative body–establish various duties with which persons who own, control, or possess real property must comply. Where… Read More »
Are Former Owners Liable Under Premises Liability Law?
FORMER OWNERS ARE NOT GENERALLY LIABLE FOR HARM OCCURRING AFTER TRANSFER OF OWNERSHIP OR CONTROL OF PROPERTY Generally speaking, premises liability law creates potential liability for people who own, possess, or control land at the time when an injury or damage occurs. This is true even if the hazard existed when the owner purchased… Read More »
Understanding the Property Owner’s Duty of Care
PEOPLE WHO OWN REAL PROPERTY HAVE A DUTY NOT TO CREATE AN UNREASONABLE RISK OF HARM People who own real property have a legal duty to own, use, and manage their property (and any improvements on it, like buildings, fixtures, and equipment) with reasonable “due care.” This includes an obligation to own, use, manage… Read More »
What is “Premises Liability” and Who Is Liable?
PREMISES LIABILITY IS A FORM OF NEGLIGENCE RELATING TO THE USE AND MAINTENANCE OF REAL PROPERTY “Premises” is another word for real property, which means land, and the buildings and other improvements made to land. Premises liability is a form of negligence, under which the people who own, control, or (in appropriate circumstances) manage… Read More »
Who Is Legally Liable For Dangerous Conditions on Property?
PREMISES LIABILITY LAW DOES NOT APPLY ONLY TO OWNERS OF PROPERTY. Premises liability law creates duties, rights, and remedies relating to real property and improvements on real property, like buildings, recreational equipment (e.g., swimming pools), and certain kinds of landscaping. The potential liability associated with premises liability applies to any person (including corporations and other legal… Read More »
