Appellate Court Reaffirms Landowners' Protection from Lawsuits by Uninvited Guests

On May 22, 2009, the 1st District reaffirmed the enforceability of Civil Code Section 846 (Audrey Manuel v. PG&E). In Manuel v. PG&E, Fourteen-year-old Erika Manuel climbed a transmission tower owned by Pacific Gas & Electric Company. Tragically, she came in contact with a live transformer and was electrocuted, suffering serious injuries. She died eleven days later. Erika’s parents sued PG&E, which ultimately obtained summary judgment based on the immunity provided by Civil Code section 846. Civil Code section 846, often referred to as the recreational use immunity statute, creates an exception to the general rule that a private landowner owes a duty of reasonable care to persons coming upon land. (Bacon, supra, 53 Cal.App.4th at p. 859.) The effect of section 846 was summarized by the Supreme Court in Ornelas v. Randolph (1993) 4 Cal.4th 1095, 1099-1100: “[A]n owner of . . . real property owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give recreational users warning of hazards on the property, unless (1) the landowner willfully or maliciously fails to guard or warn against a dangerous condition, use, structure or activity; (2) permission to enter for a recreational purpose is granted for a consideration; or (3) the landowner expressly invites rather than merely permits the user to come upon the premises. The landowner’s duty to the nonpaying, uninvited recreational user is, in essence, that owed a trespasser under the common law as it existed prior to Rowland v. Christian [(1968) 68 Cal.2d 108] . . . i.e., absent willful or malicious misconduct the landowner is immune from liability for ordinary negligence.”

Inflation May Help Recover Lost Property Value

Warren Buffett, while praising President Obama on CNBC for his efforts to stimulate the economy said, "The current course could trigger higher inflation when demand rebounds. We are certainly doing things that could lead to increased inflation. In economics there is no free lunch." As the dollar value decreases, so will debt. Some people in debt think that inflation is just what the doctor ordered. Those with assets will want to curb inflation. People need to know how inflation will affect their particular business deals and other investments, and plan accordingly.