Legal Question in Real Estate Law in California
under the ca civil codes
what section is premises liability?
duty of care that the owner has to take?
ex: i struck a bollard in a bank parking lot the bollard was at a 30 degree slant and not 90 degrees, it caused damage to by car
1 Answer from Attorneys
Most - perhaps 98% - of California law pertaining to premises liability and the duty of care owed by an owner to a visitor (or tenant, invitee, trespasser, etc.) is judge-made law and not found in any statute. There is a general pronouncement at Civil Code section 1714(a). See CC 832(2) for an example of a special-purpose statutory duty on landowners. A leading case on owner duties is Rowland v. Christian (1968) 69 Cal.2d 108. None of this is going to help you very much except to understand why lawyers have to study tons of cases to understand the law of negligence.
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