Tag Archives: landlord liability
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 »
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 »
Does a Landlord Have a Duty to Protect Tenants Against Crime?
PROPERTY OWNERS MAY HAVE A DUTY TO PROTECT CERTAIN PEOPLE AGAINST FORESEEABLE CRIMINAL CONDUCT. Generally speaking, property owners are not responsible for the acts of third parties (meaning people who are not under the property owner’s actual or legal control). However, the law recognizes an exception to this general rule where a “special relationship” exists…. Read More »
When is a Property Owner Responsible for the Wrongful Acts of Others?
GENERALLY, THE LAW DOES NOT IMPOSE LIABILITY ON PEOPLE FOR THE ACTS OF OTHERS. As a general rule, the law holds each person responsible for his or her own actions. California law does not normally require people to control, oversee, or warn about the acts of “third parties” (a legal term that refers to… Read More »
The Landlord’s Duty To Keep Property Safe for Tenants
LANDLORDS HAVE A LEGAL DUTY TO KEEP RENTAL PROPERTIES REASONABLY SAFE. The general rule in California states that every landlord has a legal duty to keep the properties (s)he owns “reasonably safe” for tenants and others who do or might enter the property. Also, the law considers anyone who visits a rental property to… Read More »
Are Land Owners Legally Liable For Contractors’ Injured Workers?
If you hire a contractor to perform work on your property, and one of that contractor’s employees gets injured on the job, are you liable? Today’s blog examines this important question. GENERALLY, LAND OWNERS ARE NOT LEGALLY LIABLE FOR INJURIES SUFFERED BY THE EMPLOYEES OF INDEPENDENT CONTRACTORS HIRED TO WORK ON LAND. In California,… Read More »
People Have a Duty to Maintain Property And Eliminate Hazards
People who own, possess, or control property have a legal duty to maintain the land (and buildings or other structures on it) in reasonably safe condition. Many times, the duty is described as a “landowner” duty, but in reality it applies to people other than landlords and property owners alone. Anyone who has possession or… Read More »
Who Can Be Held Liable For Dangerous Property Conditions?
Premises Liability is a legal cause of action holding landowners, or people in possession and control of real property, legally liable for injuries and damage caused by certain kinds of dangerous conditions. PREMISES LIABILITY APPLIES TO PEOPLE WHO OWN OR CONTROL REAL PROPERTY. Liability for dangerous conditions on land (and certain types of fixtures,… Read More »
The Duty to Avoid “Obvious” Hazards
Landlords, and tenants in control of property, do not have a legal obligation to ensure that no one is injured on or by conditions on their properties. The law does not consider them “insurers” of people’s safety. The “duty” which exists under negligence law requires landlords, and other people in possession and control of property,… Read More »
Factors Governing Landlord Liability for Injuries to Tenants
THE LAW DOES NOT IMPOSE “STRICT LIABILITY” ON LANDLORDS “Strict liability” is a legal doctrine holding certain people (or companies) liable for damages caused by defective conditions or products. While many forms of injury are covered by strict liability laws, the law does not impose strict liability on Landlords for all injuries suffered by… Read More »