Landowner Liability in California
CIVIL CODE SECTION 846
http://www.leginfo.ca.gov/cgi-bin/displ ... le=840-848846. An owner of any estate or any other interest in real property,
whether possessory or nonpossessory, owes no duty of care to keep
the premises safe for entry or use by others for any recreational
purpose or to give any warning of hazardous conditions, uses of,
structures, or activities on such premises to persons entering for
such purpose, except as provided in this section.
A "recreational purpose," as used in this section, includes such
activities as fishing, hunting, camping, water sports, hiking,
spelunking, sport parachuting, riding, including animal riding,
snowmobiling, and all other types of vehicular riding, rock
collecting, sightseeing, picnicking, nature study, nature contacting,
recreational gardening, gleaning, hang gliding, winter sports, and
viewing or enjoying historical, archaeological, scenic, natural, or
scientific sites.
An owner of any estate or any other interest in real property,
whether possessory or nonpossessory, who gives permission to another
for entry or use for the above purpose upon the premises does not
thereby (a) extend any assurance that the premises are safe for such
purpose, or (b) constitute the person to whom permission has been
granted the legal status of an invitee or licensee to whom a duty of
care is owed, or (c) assume responsibility for or incur liability for
any injury to person or property caused by any act of such person to
whom permission has been granted except as provided in this section.
This section does not limit the liability which otherwise exists
(a) for willful or malicious failure to guard or warn against a
dangerous condition, use, structure or activity; or (b) for injury
suffered in any case where permission to enter for the above purpose
was granted for a consideration other than the consideration, if any,
paid to said landowner by the state, or where consideration has been
received from others for the same purpose; or (c) to any persons who
are expressly invited rather than merely permitted to come upon the
premises by the landowner.
Nothing in this section creates a duty of care or ground of
liability for injury to person or property.