Legal Updates

Liability of Property Owners May 2004

Last year, we reported to managers the holding by the Court of Appeal in Weiner v. South Coast Child Care Center, Inc. This case arose out of the well publicized tragedy which occurred when a mentally ill man purposely drove his car onto a preschool playground in Costa Mesa. Earlier this month, the California Supreme Court overturned the Court of Appeal, and held that the preschool, and the church from which the preschool rented the property, owed no duty to protect against this crime. (2004 Daily Journal, DAR 5420, 2004 Cal. LEXIS 3898) The general rule is that a landowner can be held responsible for criminal activity only if it can be reasonably anticipated. In this case, the Supreme Court held that a high degree of foreseeability would be required to hold a landowner responsible for crimes committed by others. The Supreme Court conclude that the incident was so bizarre that it could not have been anticipated under any circumstances.

The Supreme Court's holding should provide some comfort to community associations and managers, in that it limits potential liability for criminal acts. Nevertheless, landowners and those in control of real estate still owe a duty to guard against foreseeable negligent conduct. If a vehicle had driven onto the school grounds because the driver had a heart attack or other medical emergency, for example, the Supreme Court might have ruled the other way.