Understanding Your Legal Obligations as a Property Owner in California
If someone trespasses on my property and gets hurt, am I liable? As a property owner, California premises liability law requires that you maintain a safe environment on your premises to prevent injury to invitees. But, what is your obligation to a trespasser or someone who you have not invited directly or implicitly to your property?
If someone gets injured on your property, you may be held liable for the resulting damages. The lines may be blurred when the injured party was a trespasser. If you are the injured party, consult a Huntington Beach Personal Injury Attorney at El Dabe Ritter Trial Lawyers to review your legal options during a free consultation.
Premises Liability and Trespassers in California
While trespassing is illegal, and trespassers typically cannot expect the same level of safety as invitees, property owners must still manage their property without exposing individuals to unreasonable risks. Here’s how the law applies:
Historical Context
Traditionally, property owners were only expected to maintain safety for invitees and not for those who accessed the property illegally. Recent changes in the law, however, have extended the duty of care to include more than just invited guests.
Current Legal Standards
Now, California law requires landowners to ensure safety for all visitors, including workers, invitees, and under certain conditions, even trespassers.
Duty of Care for Discovered Trespassers
Landowners owe a lower duty of care to trespassers than to those they invite onto their property. However, if a trespasser is discovered or if it is known that people frequently trespass (e.g., using a path through your property as a shortcut), the owner may be required to warn of dangerous conditions.
For instance, if it is common knowledge that your property is used as a shortcut, you might need to post signs about potential hazards, especially if these conditions could foreseeably cause harm.
Willful and Wanton Conduct
Even after posting warning signs to alert trespassers of possible danger, you are also expected to refrain from willful and wanton conduct that could harm them. This means that you cannot use deadly force, such as gunning down a trespasser, to protect your property.
Legal Implications and Your Rights
If a trespasser is injured on your property, the situation doesn’t automatically result in your liability. However, failing to address known hazards or engaging in harmful actions could lead to legal consequences.
How El Dabe Ritter Trial Lawyers Can Help
If you’re a person injured on someone else’s property, understanding your legal rights is crucial. At El Dabe Ritter Trial Lawyers, we specialize in premises liability cases and are committed to helping our clients see through these complex legal matters.
If you’re dealing with an injury related to a premises liability incident or if you have questions about your responsibilities as a property owner, contact us today. Our experienced personal injury attorneys are here to provide you with the guidance and representation you need to secure a fair outcome.
Contact us at (213) 985-1120 to schedule your free consultation and discuss your case with one of our skilled attorneys.