Maison Law can help you if you’ve been injured in an accident on someone else’s property in California. Generally speaking, the law is on your side when you’re invited to a property and there’s something unsafe that leaves you injured. But whether that land is public or private can have an impact on how things play out. We’ll be there to guide you through everything. Set up a free consultation today.
What Does Civil Code § 846 Say About Private Land Injury Claims in California?
If you read Civil Code § 846, it might seem like you don’t have any options when you’re injured in an accident on private land in California. It says that private land owners or management has:
- No duty of care to keep the property safe for people that are using it for “recreational purposes.”
The idea behind this law is pretty straightforward. Property owners shouldn’t necessarily have to worry about being sued just because they let someone use their land for recreation, which the law goes on to list as:
- Hiking or walking on private trails
- Hunting or fishing on private property
- Riding ATVs, dirt bikes, or other off-road vehicles
- Camping on privately owned land
- Swimming, boating, or other water-related activities on a private beach or other waterway
- Horseback riding
- Exploring wooded areas or other natural spaces
- Using private land for other outdoor recreational activities
Of course, accidents can happen in any of these situations. And at that point, the question is whether the property owner (or somebody else) can be held legally responsible.
Is Anyone Responsible When I’m Injured in a Recreational Accident on Private Land?
It’s true that CIV § 846 gives private land owners in California a lot of leeway when someone else is hurt in a recreational accident on their property. But under very specific parameters, private land owners or management can still be held legally responsible for your injuries for things like:
- Ignoring a known danger or failing to warn you about potential hazards.
- Getting paid for access to the land.
- Personally inviting you onto the property to use it for recreational activity.
So yes, this means that under very specific circumstances, you have options if you’re injured while using private land for recreational use in California. But because the law is slanted in the direction of the property owner in this situation, it’s going to take a bit of a deeper dive into the information you have.
Information That Can Help You When You’re Injured on Private Land
Right after you’re injured on someone else’s property, gathering evidence probably isn’t the first thing on your mind. You’re more focused on getting help and figuring out what just happened. That’s understandable. But because the circumstances are so important, it’s worth looking at a few basics that can help you:
- Pictures/videos of the accident scene, including anything that caused your accident, your injuries, what the surrounding property looked like, etc.
- Names and contact information of people that helped you, property owners, or anybody in charge.
Once you’ve gotten medical attention and had a little time to process everything, there are a few other things you’ll want to keep track of, like:
- Medical records and bills
- Incident reports
- Progress pictures of your injuries
- Notes about the accident and anything you can remember.
- Insurance information from the property owner or management
- Letters, emails, or text messages, or any other communications from the property owner or its insurance company
You don’t need to have all this together before talking to us. Most people don’t. The important thing is to hold on to what you can, especially information that might be hard to get later. From there, our team can step in and put everything together for you.
Why It Makes Sense to Get a Lawyer After an Injury on Private Land in California
One of the first questions people ask after getting hurt on someone else’s property is whether they actually need a lawyer. The honest answer is that it depends. Some injury claims are fairly straightforward, but private land claims can get a little more complicated, especially when California Civil Code § 846 comes into play.
A property owner may not be responsible for your injuries just because you got hurt on their land. But that doesn’t mean they’re automatically protected, either. Figuring out where you stand takes a closer look at what happened and what, if any, exceptions there are. That’s exactly why it makes sense to reach out to our team of California premises liability accident lawyers at Maison Law. We can help you by:
- Looking into what happened and figuring out whether the property owner can be held responsible under CIV § 846.
- Gathering medical records, photos, witness statements, and anything else that helps show what happened and how you were hurt.
- Looking at why you were on the property, whether you paid to use it, and whether the owner specifically invited you.
- Dealing with the insurance company so you don’t have to handle all those conversations yourself.
- Taking the case to court if that’s what it takes to move things forward.
When you’re hurt on private land, you’ve already got enough to deal with while recovering from your injuries. The claims process and legal questions shouldn’t make things more difficult. Our team will be there to make things easier and guide you through the process from start to finish. Set up a free consultation today to get started.