What duty does a property owner owe to people on their land?

What the Law Says

California law distinguishes the duty of care a landowner owes based on the legal status of the person entering the property — invitee, licensee, or trespasser. The most significant statutory limitation applies to trespassers under Civil Code § 846.

An 'invitee' is someone invited onto the property for business purposes (e.g., a customer in a store). Landowners owe invitees a duty to inspect for dangers and fix or warn about known or discoverable hazards.

A 'licensee' is someone permitted to enter for their own purposes (e.g., a social guest). Landowners must warn licensees of known dangerous conditions but are not required to inspect for unknown ones.

A 'trespasser' enters without permission. Under Civil Code § 846, landowners generally owe no duty of care to trespassers — except they may not willfully or maliciously injure them.

Statutory Text

No person who owns or controls any real property shall be liable to any person who enters thereon without permission or invitation for any injury sustained thereon unless the injury was caused by the willful or malicious failure of such owner or occupant to guard or warn against a dangerous condition, use, structure or activity.

— Cal. Civ. Code § 846 — Limitation of liability of owner of property for injuries to trespassers

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