Los Angeles Premises Liability Attorney

What does california law say about premises liability?

California Civil Code 1714 deals with obligations imposed by the law.

1714(a): “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

Take note of the phrase “want of ordinary care or skill” – it refers to the doctrine of negligence that goes together with a party’s duty of care. The exception is when the injured party is responsible for his or her injury.

1714(c): “Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.”

1714(d) (1) “Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.”

As stipulated above, a host that provides alcoholic beverages to someone cannot be held accountable for damages or injuries to that person or any third party. The exception is when that person is under 21 years of age. 

CACI No. 1001. Basic Duty of Care (Judicial Council of California Civil Jury Instructions) mentions factors a jury should consider to determine if a defendant exercised reasonable care:

“A person who [owns/leases/occupies/controls] property is negligent if that person 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.

In deciding whether [name of defendant] used reasonable care, you may consider, among other factors, the following:

• The location of the property;

• The likelihood that someone would come on to the property in the same manner as [name of plaintiff] did;

• The likelihood of harm;

• The probable seriousness of such harm;

• Whether [name of defendant] knew or should have known of the condition that created the risk of harm;

• The difficulty of protecting against the risk of such harm; [and]

• The extent of [name of defendant]’s control over the condition that created the risk of harm; [and]

1. [Other relevant factor(s).]”

Note: Many other factors might be relevant in a premises liability claim. For example, trespassers can typically not file a premises liability claim. However, if the trespasser was a minor, the same rules might not apply.

Contact a premises liability attorney at Cohen & Marzban for a detailed review of your case.