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Issue: Under California law, what is the landowner’s duty to warn in cases involving an injured child or adult?
| Area of Law: | Personal Injury & Negligence, Real Estate Law |
| Keywords: | Landowner's duty; Duty to warn of a dangerous condition; Injured child or adult |
| Jurisdiction: | California |
| Cited Cases: | 268 Cal. Rptr. 233; 64 Cal. 2d 729; 123 Cal. Rptr. 338; 69 Cal. Rptr. 464; 193 Cal. Rptr. 336; 271 Cal. App. 2d 29; 152 Cal. Rptr. 391; 50 Cal. App. 3d 221; 478 P.2d 465; 145 Cal. App. 3d 253; 80 Cal. App. 3d 215; 190 Cal. Rptr. 494; 263 Cal. App. 2d 228; 181 Cal. Rptr. 714; 720 P.2d 476; 91 Cal. Rptr. 745; 414 P.2d 830; 227 Cal. Rptr. 817; 3 Cal. 3d 756; 255 Cal. App. 2d 241; 94 Cal. App. 3d 895; 263 Cal. Rptr. 479; 63 Cal. Rptr. 189; 217 Cal. Rptr. 272; 125 Cal. Rptr. 586; 231 Cal. Rptr. 598; 261 Cal. Rptr. 820; 215 Cal. App. 3d 184; 180 Cal. Rptr. 586; 228 Cal. App. 3d 1098; 94 Cal. Rptr. 49; 660 P.2d 1168; 130 Cal. App. 3d 416; 51 Cal. Rptr. 534; 128 Cal. App. 3d 882; 157 Cal. Rptr. 90; 69 Cal. 2d 108; 70 Cal. Rptr. 97; 213 Cal. App. 3d 842 |
| Cited Statutes: | Cal. Civ. Proc. Code § 1714, subd. (a); Cal. Health & Safety Code § 24051; Cal. Health & Safety Code § 24052; Cal. Health & Safety Code § 24050; Cal. Health & Safety Code § 24101.4; Cal. Civ. Proc. Code § 337.1, 337., subd. 1(a), 337., subd. 1(e); Cal. Gov't Code § 815, subd.(a) ; Cal. Gov't. Code § 835; Cal. Gov't. Code § 830; Cal. Gov't Code § 831.7, subd.(b); Cal. Gov't Code § 831.21, subd.(a) |
| Date: | 04/01/2001 |
In California, "tort law liability for premises accidents" is based on "whether the owner or occupant in the management of his property has acted as a reasonable man in view of the probability of injury." Carlson v. Ross, 271 Cal. App. 2d 29, 76 Cal. Rptr. 209, 211 (3d Dist. 1969) (citing Rowland v. Christian, 69 Cal. 2d 108, 443 P.2d 561, 70 Cal. Rptr. 97 (1968)). See also Cal. Civ. Proc. Code § 1714, subd. (a) (1985) ("Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property. . . ."); Pacific Gas & Elec. Co. v. Superior Court, 145 Cal. App. 3d 253, 256, 193 Cal. Rptr. 336, 337 (3d Dist. 1983). The traditional distinctions between trespassers, licensees and invitees have therefore been abolished. Carlson, 76 Cal. Rptr. at 211.
As is to be expected in highly-regulated California there are several statutes that establish standards of care which could impact on an aquatic-injury case. One of these, Cal. Health & Safety Code § 24051 (1984), states that "[n]o person shall maintain a resort unless he carefully sounds the depth of water and locates the eddies and pools and determines the presence and nature of dangerous currents, sunken logs, rocks, and obstructions in the […]