Injury On Property – What is a Landlord’s Duty Under Premises Liability Claims

Owners of a residential or commercial income property are exposed to potential premises liability claims. As such, it’s critical that landlords understand the duties imposed upon them under California law. If a residential or commercial property tenant brings a claim against a landlord, the tenant must demonstrate to a jury that the landlord breached their legally defined duty.

The instructions delivered to juries in California Civil trials define the scope of these duties as the following:

• A landlord is required to conduct reasonable periodic inspections of their rental property whenever the landlord has the legal right of possession.
• Prior to transferring possession of a leased property to a tenant [or upon renewal of a lease] [or after retaking possession from a tenant], a landlord must conduct a reasonable inspection of the property, taking note of any unsafe conditions, and in turn take reasonable precautions to prevent injury due to the conditions that were or reasonably should have been discovered in the process.
• The scope of the inspection must include common areas under the landlord’s control.
• After a tenant has taken possession, a landlord must take reasonable precautions to prevent injury due to any unsafe condition in an area of the premises under the landlord’s control if the landlord is aware, or reasonably should have known about the unsafe conditions.
• After a tenant has taken possession, a landlord must take reasonable precautions to prevent injury due to any unsafe condition in an area of the premises under the tenant’s control if the landlord has actual knowledge of the condition and the right and ability to correct it.

If you’ve been injured on the property of another, contact one of our Los Angeles Injury Attorneys today for a free consultation.