Perspective
Dec. 12, 2011
Premises liability: Civil Code Section 846 immunity
When are owners who open up their property to the public for recreational use immune from liability? By Winston S. Keh of Murphy, Pearson, Bradley & Feeney
The general rule regarding premises liability, as codified in California Civil Code Section 1714, is that the landowner owes a duty of reasonable care to any person who steps onto his or her property. Portillo v. Aiassa (1994) 27 Cal.App.4th 1128, 1134. However, the state Legislature then enacted Civil Code Section 846 to encourage property owners to open up their property to the public for recreational use. To invoke Section 846, two ele...
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