Legal Question in Real Estate Law in California
Does a vacation home guest of 5 nights have any recourse if hazardous conditions were omitted from the description of the property (i.e. to access the property, guests must travel narrow, treacherous roads with sheer drop-offs and no guard rails, combined with no lighting to find the property)?
2 Answers from Attorneys
If I understand your question correctly, someone invited you to spend 5 days free of charge at their vacation home. They should have told you of the dangers involved but what are your damages? You were not physically injured; you could have turned back once you saw the dangerous roads. The misconduct of the home owner is not so bad as to allow damages for emotional distress without your having suffered physical injuries.
No. IF you were actually injured in and on the property by some hidden, dangerous, negligently maintained condition, you might have a claim. Not for road condition.