Under California premises law, both private and public property owners, such as landlords, must abide by strict guidelines to protect the health and safety of residents and visitors. But if someone trespasses on your property, do the same legal standards apply?
In this article, we will explore California premises liability laws as they pertain to trespassers. We will cover when, if ever, a trespasser might have grounds to sue, how liability standards differ for trespassers compared to invited guests, and the exceptions property owners should know about to legally protect themselves.
What Qualifies as a Premises Liability Lawsuit?
A premises liability lawsuit may arise when someone is injured due to unsafe or hazardous conditions on someone else’s property. For a successful premises liability claim, a personal injury lawyer in Los Angeles must prove that the property owner was negligent in maintaining safe conditions, resulting in the victim’s injuries.
This could mean that the property owner knew, or should have reasonably known, about a dangerous condition but failed to repair it, remove it, or provide proper warning signs. In other words, the property owner violated the California Building Standards Code. Common situations that can lead to premises liability claims include slip-and-fall accidents, poor maintenance, or insufficient lighting.
Legal Responsibilities of Property Owners
More specifically, California premises liability law mandates that property owners uphold a duty of care to keep visitors, guests, and residents safe. This involves taking reasonable steps to prevent injuries by identifying, addressing, and warning of potential hazards.
Property owners must conduct regular building inspections and maintenance, which includes repairing unsafe conditions, fixing poor lighting, and promptly addressing issues like slippery floors or damaged stairways.
Under What Circumstances Can Trespassers Sue for Premises Liability?
When an uninvited guest trespasses on a property, the legal guidelines shift. Generally, property owners owe a lower duty of care to trespassers, but there are limited circumstances under which a trespasser may have the right to sue for injuries sustained on someone else’s property.
These include:
- Willful or wanton conduct. If a property owner intentionally causes harm to a trespasser, such as by setting traps or acting in a way that recklessly endangers trespassers, the owner may be held liable for resulting injuries.
- Attractive nuisance. In cases where the property contains potentially dangerous features that may attract children (like pools, machinery, or abandoned buildings), the property owner may have a duty to secure the area to prevent underage populations from harm, even if they are trespassing.
- Failure to warn known trespassers. If the property owner is aware of regular trespassers and knows of a particular hazard on the property, they may have an obligation to provide warnings or take steps to reduce risk.
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