Author Archives: Robert Ross
The Recreational Use Exception to Premises Liability
RECREATIONAL USERS OF LAND GENERALLY USE THE LAND AT THEIR OWN RISK “Recreational” land use includes a variety of activities, including (but not limited to): picnicking, walking, hiking, climbing, trekking, hunting, fishing, camping, ATV or snowmobile use, horseback riding, parachuting, and exploring. Recreational use also includes entering land for general enjoyment of the site… Read More »
The “Alcohol Servers’ Immunity” to Premises Liability
PROPERTY OWNERS ARE GENERALLY IMMUNE FROM LIABILITY FOR ALCOHOL-RELATED INJURIES The California Civil Code creates a statutory immunity from liability for social hosts (and many businesses) which serve alcohol to adult patrons. By law, a person who consumes alcohol is the “cause” of injuries resulting from that person’s intoxication or alcohol consumption. The… Read More »
“Assuming the Risk” of a Hazardous Condition
Even if a land owner (or a person in possession or control of land) breaches a duty owed to a plaintiff, and the plaintiff suffers injuries, the land owner may escape liability if a legally recognized defense applies in a way that limits or eliminates the defendant’s responsibility for the harm. Over the next couple… Read More »
Proving “Causation” in Premises Liability Cases
ELEMENTS OF A PREMISES LIABILITY CLAIM The four elements of a prima facie case for premises liability are: – A legally recognized duty on the part of the landlord or property owner; – A legally recognized breach of that duty; – Causation; and – Resulting damage or injury to the plaintiff. PROVING CAUSATION REQUIRES… Read More »
Protecting Children From Property Hazards
LAND OWNERS HAVE A DUTY TO MAINTAIN PROPERTY IN REASONABLY CHILD-SAFE CONDITION As a general rule, property owners (and people in possession and control of property) must protect children from reasonably foreseeable hazards and dangerous conditions. While this duty does not require landlords or others to maintain property in a “child-proof” or absolutely safe… Read More »
The Land Owner’s Duty to Warn and Maintain
PROPERTY OWNERS HAVE A DUTY TO MAINTAIN PROPERTY IN A REASONABLY SAFE CONDITION The basic duty giving rise to premises liability is the land owner’s duty to maintain property (meaning both land and improvements on land) in a reasonably safe condition. This duty also applies (in appropriate circumstances) to people in possession and control… Read More »
Proving Breach of a Property Owner’s Duty
HOW DOES NEGLIGENCE RELATE TO PREMISES LIABILITY? Premises liability is a form of negligence, which means the plaintiff (usually, the injured party or someone suing on his or her behalf) must prove the elements of negligence in order to prevail. The elements of a claim for negligence are: 1. The existence of a legally… Read More »
When Must Property Owners Protect Against Third-Party Criminal Acts?
DOES A PROPERTY OWNER EVER HAVE A DUTY TO PROTECT PEOPLE AGAINST THIRD PARTY CRIMINAL ACTS? In many cases, property owners have no liability for injuries resulting from the acts of third parties who are not under the property owner’s actual or legal control. In these cases, as you might expect, the third party… Read More »
Are Property Owners Responsible for Sidewalks?
In many places, city-owned sidewalks run alongside residential and commercial properties. Although these sidewalks actually belong to the city (or county, or other governmental entity) which owns the land on which they sit, owners of adjacent private property may still have a duty relating to the sidewalk. PROPERTY OWNERS HAVE A DUTY NOT TO CREATE… Read More »
Businesses Open to the Public Must Keep Premises Reasonably Safe
WHAT IS A BUSINESS OWNER’S BASIC DUTY TO MEMBERS OF THE PUBLIC? Owners and operators of businesses which open their premises to the public have a legal duty to keep the premises reasonably free from dangerous conditions. This duty includes: 1. Inspecting the premises on a regular basis, with an eye to identifying and… Read More »
