In what circumstances will plaintiffs be able to bring a cause of action on the 'concealed trap' theory?

California, United States of America


The following excerpt is from Helguera v. Cirone, 178 Cal.App.2d 232, 3 Cal.Rptr. 64 (Cal. App. 1960):

In view of the above, plaintiffs' remaining argument that the third and fourth counts of the complaint state a cause of action on the 'concealed trap' theory, the elements of which are set forth in sections 334 and 335 of the Restatement of Torts, is well taken. The trap theory is well established in [178 Cal.App.2d 239] this state (Reynolds v. Willson, 51 Cal.2d 94, 101-102, 331 P.2d 48), and the allegations of the complaint, while they might be subject to special demurrer, are not vulnerable as against a general demurrer.

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