Q: “Am I liable if someone fell on a movable stair not mine, brought by a worker to my property I sold? No insurance.”
Five months ago, I renovated a property in Banning, California (sold a month ago). One of my workers brought someone else to the site without my authorization. This individual reportedly fell while using a movable stair they or someone else brought, which wasn’t part of the property or provided by me.
I never hired, talked, supervised, or paid this person directly, and I had no insurance at the time. Now, a law firm has contacted me regarding the incident.
Am I liable under California
A: Under California law, liability may depend on various factors such as your role in the incident and whether you were negligent in allowing an unsafe condition on your property. Since the stair was brought by someone else and was not part of your renovations or property, your liability may be limited. However, as the property owner, you still have a duty to ensure the safety of anyone on your property, even if they weren't authorized. If the fall was due to an unsafe condition you should have addressed or warned about, you could be held partially liable. It’s important to consult with an attorney to fully assess your potential liability.
A:
Under California premises liability law, your potential liability depends on several key factors in this situation. The fact that you did not authorize this person's presence and they used equipment that wasn't yours or part of the property could work in your favor.
However, property owners in California still have duties to maintain safe conditions for both invited and uninvited visitors, with different standards of care applying to each. Since this person was brought by your worker, they might be considered an implied invitee, even without your direct authorization. The key questions will be whether you knew or should have known about their presence, and whether you exercised reasonable care in maintaining safe conditions.
Given the complexity of your situation, you should contact a personal injury attorney immediately. They can help determine if factors like the unauthorized presence, third-party equipment, and lack of direct supervision might protect you from liability. Meanwhile, document everything about the incident, including who brought the movable stairs, any witnesses present, and any communications with the worker who brought this person. Keep all correspondence from the law firm, but don't make any statements about the incident without legal representation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.