Legal Question in Real Estate Law in California

Re: liability insurance for condos

There's a very good possibility you'd be sued and face the costs of defending, and if the matter went to trial there's a good chance you would be found at least partly liable.

California has a rather well-developed set of rules for when a landlord is liable to his tenants or the tenant's guests. These rules are slowly evolving and becoming more pragmatic and flexible, with the result that courts look more at the practical realities of fault than at strict legal categories, and only someone who practices the tort liability aspects of real property law regularly (and I don't) could advise you of your chances of escaping liability for a particular accident.

If you are trying to decide whether or not you need liability coverage, the short answer is that it's too risky not to carry it, especially when it can be purchased for a modest extra premium in connection with your hazard (fire, etc.) coverage.

If you need advice about a particular incident or claim, re-ask your question with more details under the LawGuru categories for Landlord-Tenant or Negligence.

Re: liability insurance for condos

Need more info. May need to report to your insurance carrier. Call to discuss if you wish first.

Re: liability insurance for condos

Years ago I would say absolutely. As time is progressed there is no question that you will have to defend any kind of lawsuit. Hopefully you have good insurance. Courts look at the whole situation to see if you were negligent or have not dealt with a dangerous condition applicable to your property. There may be some mitigating circumstances which would allow that the rancher or gassed cause their own problem. That would have to come out in discovery and be used as a tool in defense of their claim. In any venture insurance company will handle that for you. Implicit in your question is is there a difference between your rancher and their guests. Merely because their guests are not allowed on the property, I suppose, does not make your liability any less. If you're aware that your rancher had guests he should have done something affirmatively to get them out. And possibly evict your tenant for not following the lease and or the month-to-month written tenancy agreement. Now if there is nothing in writing, shame on you, go toward attorney who is an expert in real estate law/landlord-tenant and get good advice applicable to your situation so that this does not happen again.