Rescue, CA asked in Civil Litigation and Landlord - Tenant for California

Q: Can renters be sued under "cc845" in california for road damage?

El Dorado County unincorporated area

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: California Civil Code section 845 provides that a person who owns, leases, occupies, or controls real property is generally not liable for injuries to others who enter the property, unless the injury was caused by a dangerous condition on the property that the owner, lessee, occupant, or controller knew or should have known about.

If a renter causes damage to a public road located outside of the property they are renting, it's unlikely that the renter could be held liable under section 845, as they would not generally be considered to have control over the public road.

However, it's possible that the landlord or property owner could be held liable if they had knowledge of the renter's actions or failed to take reasonable steps to prevent the damage.

It's important to note that liability for road damage may also be governed by other laws and regulations, such as local ordinances or state transportation laws. If you are facing a lawsuit for road damage or have questions about your liability, it's important to consult with an attorney who specializes in real estate or civil litigation to evaluate your options and represent your interests.

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