When someone comes on your property and suffers an injury, you may immediately begin to worry about your liability. Of course, you probably make sure they are okay and get medical care as needed, but the liability aspect will always come up. Paying for medical bills and other related expenses can get expensive. Your insurance will often pick up the tab, but you may have to pay some out of pocket as well. In any case, it is important to understand your liability because you are not liable for injuries in every situation.

California Legislative Information says that if someone enters your property invited or legally, such as the mail carrier, then you have a duty to make sure that person is safe. If he or she gets injured while on your property through no fault of his or her own, then you are liable for the injury. This is because the law says you have to provide a safe environment for guests.

However, if someone is not on your property legally or they come uninvited or for recreational purposes, then you do not have the duty to keep them safe. Recreational purposes include a variety of things, such as hiking, hang gliding, sightseeing and picnicking. You do not have to post warnings or make sure areas are clear and free from dangers. However, you cannot do anything malicious to these people either as that would make you liable. This information is for education only, and it is not legal advice.


By Maho | Prentice, LLP Attorneys at Law on September 5, 2019