Can a landlord be held liable for failing to fence off a child's playground?

California, United States of America


The following excerpt is from Wang v. Nibbelink, 208 Cal.Rptr.3d 461, 4 Cal.App.5th 1 (Cal. App. 2016):

delegating duty to independent contractor]; Barnes v. Black (1999) 71 Cal.App.4th 1473, 14781479, 84 Cal.Rptr.2d 634 [landlord may be liable for failure to fence premises to prevent children on wheeled toys from careening into the street].)

Plaintiffs have no viable theory of liability that lay outside of section 846's shield.

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