Chino Hills, CA asked in Personal Injury for California

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

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2 Lawyer Answers

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.

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Answered

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.

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