LogFAQs > #966562128

Tyranthraxus posted...

You're discussing a hypothetical example brought up in Congress over a legal controversy known as Tort reform. The incident in question, which has appeared in pop culture again and again including huge movies like Liar, Liar never actually happened. It was a hypothetical example of something that MIGHT happen except there are many legal defenses a homeowner could use to avoid liability in such an event.

Oh? Seeing this did make me curious about some of the actual cases that have went through California. Turns out in general most claims are limited to causing willful or wonton injury.

California does make exceptions though for children and for artificial concealed dangers. An example being a successful suit on behalf of children who were pulled into an underwater drain in a canal. There the court held that while the basic seen structure of the canal wouldn't create liability, the unseen open siphon drain itself is an exception.

But there were also upheld cases where children simply drowned in backyard swimming pools and the property owners were held liable. California insists that pools be kept behind tall fences with locked gates.

So, yeah, generally speaking, turns out adults are 'on their own' for injuries unless they can prove it was something intentional, such as marijuana farmers in Humboldt County putting razorwire near their plants. That's considered a "trap" and as a willful act makes the land owners liable.