Liability & LegalQuestion 106 of 200

Under Rowland v. Christian (1968) 69 Cal.2d 108, California premises-liability duty is determined by:

a.A multi-factor reasonableness analysis — including foreseeability of harm, certainty of injury, connection between conduct and injury, moral blame, policy of preventing harm, burden of precaution, and consequences for the community

b.Whether the plaintiff paid an admission fee to enter, since a paying visitor is owed a duty of ordinary care while a non-paying one is owed only a duty to refrain from wilful harm

c.The rigid common-law distinctions between invitee, licensee, and trespasser, which California retained in full and which fix the standard of care owed to a visitor before any question of foreseeability or of the burden of precaution is ever reached by the court

d.Whether the property is residential or commercial, because a commercial occupier is held to a higher standard of care than a homeowner regardless of the circumstances of the injury

Explanation

Rowland v. Christian (1968) 69 Cal.2d 108 abolished California's rigid common-law landowner-duty categories (invitee/licensee/trespasser) and replaced them with a general reasonable-care duty analyzed through a multi-factor balancing test. The Rowland factors include: foreseeability of harm; degree of certainty of injury; closeness of connection between conduct and injury; moral blame; policy of preventing future harm; burden to defendant; and consequences for the community. For PPOs and property owners, the takeaway is that duty is contextual and turns heavily on foreseeability — a critical concept the Delgado line of cases (covered in next question) refined for third-party criminal acts.

Law Reference: Rowland v. Christian (1968) 69 Cal.2d 108

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Under Rowland v. Christian (1968) 69 Cal.2d 108, California premises-liability duty is determined by:

Explanation

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