A simple backyard barbecue, pool party, or neighborhood kids playing in the yard can result in legal liability if someone gets hurt. Under California Civil Code section 846(d)(3), landowners are generally protected from liability when their property is used for recreational purposes such as swimming, hiking, or gardening. However, there are three key exceptions where you can be held liable. 

1.      Failure to Warn of Known Dangers: If you are aware of a hazardous condition or activity on your property and fail to warn visitors or make it safer, you can be held responsible. 

2.      Compensation for Use of Property: If someone pays to use your land, excluding payments from the state, you lose the liability protection.

3.      Express Invitations: If you specifically invite someone onto your property, you may be liable for injuries they sustain. 

What Is an “Express Invitation”? 

An “express invitation” describes a way someone was invited onto their property. 

-          “Come over and use the pool.”

-          “Bring your friends over to play on the trampoline.”

Once you make an express invitation, you are no longer protected by Section 846 if the guest is injured. 

What if My Kids Invite People Over?

In a recent case, Hoffmann v. Young (2022), a teenager invited a friend to ride a motorcycle on the family's property, and the friend was injured. The court held the parents liable due to the express invitation. Unless a child is denied permission to invite others, their invitation may be considered valid and binding, making the parents (as landowners) legally responsible for injuries sustained. 

What This Means for Homeowners:

-          Be cautious about who is invited on your property and for what reason. 

-          Talk with your children about who they are inviting and what activities they are participating in.  

California law provides some protection for recreational use of private property, but exceptions such as express invitations can expose landowners to serious legal risks.

If you or someone you know has been injured during a recreational activity on someone's property, contact Kohn Law Office at (760) 721-8182 for a free consultation.