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California Premises Liability


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What is the legal standard for CA property owners?

California Civil Jury Instructions (CACI)  1001. Basic Duty of Care

A person who [owns/leases/occupies/controls] property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition. A person who [owns/leases/occupies/ controls] property must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.

When might a property owner not liable for injuries to others?

California Civil Jury Instructions (CACI) 1004. Obviously Unsafe Conditions:

If an unsafe condition of the property is so obvious that a person could reasonably be expected to observe it, then the [owner/lessor/occupier/one who controls the property] does not have to warn others about the dangerous condition.

Generally, if a danger is so obvious that a person could reasonably be expected to see it, the condition itself serves as a warning, and the landowner is under no further duty to remedy or warn of the condition.

Who can be held liable in a premises liability claim?

California Civil Jury Instructions (CACI) 400. Negligence

  • CoParticipants in sports or recreational activity
  • Instructors, Trainers or Coaches
  • Facility Owners, Operators or Event Sponsors

What are common reasons liability claims are filed?

  • Dog Bites
  • Slip and Fall Accidents
  • Loose or broken floors, sidewalks, steps, or stairs.
  • Inadequate building security leading to injury or assault
  • Swimming Pool accidents

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