Miller Starr Regalia

A long time ago, in a less-litigious time, owners of real property, and businesses operators utilizing real property, were not automatic targets in litigation over personal injuries to third parties occurring on their property. Their duties to third parties were defined by the general provisions of Civil Code section 1714 - i.e., a landowner was responsible for “want of ordinary care or skill in management of his or her property or person.” (1)

Over time, however, the California courts have expanded the scope of the duties owed by landowners and operators to third parties. Few law students will forget their introduction to the notion of an “attractive nuisance” - i.e., that some conditions of real property, for example, a swimming pool, creates a duty on the landowner to prevent mishaps that could injure uninvited strangers. Indeed, in an article written more than two years ago, this Newsalert highlighted the California Supreme Court’s Madhani decision, (2) which expanded the duty of a landlord to protect one tenant from another, abusive tenant. (3)

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