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8 California opinions name it 2 courts 1980–2020 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hubbard v. Browngreen2 sentences2020“The statutory goal was to constrain the growing tendency of private landowners to bar public access to their land for recreational uses out of fear of incurring tort liability. [Citations.]” (Hubbard v. Brown (1990) 50 Cal.3d 189 , 5 193.) Section 846 immunity from tort liability remains as to persons from the general public. 2014Qualifying property interests Section 846 presents an “‘exceptionally broad and singularly unambiguous’ definition of protected property ‘interests.’” (Miller v. Weitzen (2005) 133 Cal.App.4th 732, 736 (Miller), quoting Ornelas, supra, 4 Cal.4th at pp. 1102-1103; accord Hubbard v. Brown (1990) 50 Cal.3d 189, 192 (Hubbard).) As originally enacted, section 846 only exempted from liability “‘owner[s] of any estate in real property.’” ( Hubbard, supra, at p. 194 , quoting Stats. 1963, ch. 1759, § 1, p. 3511.) The Third Appellate District then ruled in Darr v. Lone Star Industries, Inc. (1979) 94 C | 1 | 2 |
Charpentier v. Von Gelderngreen2 sentences1993The Statutory Elements Section 846 establishes limited liability on the part of a private landowner for injuries sustained by another from recreational use of the land. [2] The statute provides an exception from the general rule that a private landowner owes a duty of reasonable care to any person coming upon the land. ( Rowland v. Christian (1968) 69 Cal.2d 108, 119 [ 70 Cal. Rptr. 97 , 443 P.2d 561 , 32 A.L.R.3d 496 ]; Valladares v. Stone (1990) 218 Cal. App.3d 362, 366 [ 267 Cal. Rptr. 57 ]; Charpentier v. Von Geldern (1987) 191 Cal. App.3d 101, 107 [ 236 Cal. Rptr. 233 ]; English v. Marin 1993The Statutory Elements Section 846 establishes limited liability on the part of a private landowner for injuries sustained by another from recreational use of the land. [2] The statute provides an exception from the general rule that a private landowner owes a duty of reasonable care to any person coming upon the land. ( Rowland v. Christian (1968) 69 Cal.2d 108, 119 [ 70 Cal. Rptr. 97 , 443 P.2d 561 , 32 A.L.R.3d 496 ]; Valladares v. Stone (1990) 218 Cal. App.3d 362, 366 [ 267 Cal. Rptr. 57 ]; Charpentier v. Von Geldern (1987) 191 Cal. App.3d 101, 107 [ 236 Cal. Rptr. 233 ]; English v. Marin | 1 | 2 |
Darr v. Lone Star Industries, Inc.green1 sentence2014Qualifying property interests Section 846 presents an “‘exceptionally broad and singularly unambiguous’ definition of protected property ‘interests.’” (Miller v. Weitzen (2005) 133 Cal.App.4th 732, 736 (Miller), quoting Ornelas, supra, 4 Cal.4th at pp. 1102-1103; accord Hubbard v. Brown (1990) 50 Cal.3d 189, 192 (Hubbard).) As originally enacted, section 846 only exempted from liability “‘owner[s] of any estate in real property.’” ( Hubbard, supra, at p. 194 , quoting Stats. 1963, ch. 1759, § 1, p. 3511.) The Third Appellate District then ruled in Darr v. Lone Star Industries, Inc. (1979) 94 C | 1 | 1 |
Miller v. Weitzengreen1 sentence2014Qualifying property interests Section 846 presents an “‘exceptionally broad and singularly unambiguous’ definition of protected property ‘interests.’” (Miller v. Weitzen (2005) 133 Cal.App.4th 732, 736 (Miller), quoting Ornelas, supra, 4 Cal.4th at pp. 1102-1103; accord Hubbard v. Brown (1990) 50 Cal.3d 189, 192 (Hubbard).) As originally enacted, section 846 only exempted from liability “‘owner[s] of any estate in real property.’” ( Hubbard, supra, at p. 194 , quoting Stats. 1963, ch. 1759, § 1, p. 3511.) The Third Appellate District then ruled in Darr v. Lone Star Industries, Inc. (1979) 94 C | 1 | 1 |
English v. Marin Municipal Water Districtgreen2 sentences1993Water Dist. (1977) 66 Cal. App.3d 725, 731 [ 136 Cal. Rptr. 224 ].) Under section 846, an owner of any estate or other interest in 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 *1100 rather than merely permits t 1993Water Dist. (1977) 66 Cal. App.3d 725, 731 [ 136 Cal. Rptr. 224 ].) Under section 846, an owner of any estate or other interest in 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 *1100 rather than merely permits t | 1 | 1 |
Rowland v. Christianred2 sentences1993The Statutory Elements Section 846 establishes limited liability on the part of a private landowner for injuries sustained by another from recreational use of the land. [2] The statute provides an exception from the general rule that a private landowner owes a duty of reasonable care to any person coming upon the land. ( Rowland v. Christian (1968) 69 Cal.2d 108, 119 [ 70 Cal. Rptr. 97 , 443 P.2d 561 , 32 A.L.R.3d 496 ]; Valladares v. Stone (1990) 218 Cal. App.3d 362, 366 [ 267 Cal. Rptr. 57 ]; Charpentier v. Von Geldern (1987) 191 Cal. App.3d 101, 107 [ 236 Cal. Rptr. 233 ]; English v. Marin 1993The Statutory Elements Section 846 establishes limited liability on the part of a private landowner for injuries sustained by another from recreational use of the land. [2] The statute provides an exception from the general rule that a private landowner owes a duty of reasonable care to any person coming upon the land. ( Rowland v. Christian (1968) 69 Cal.2d 108, 119 [ 70 Cal. Rptr. 97 , 443 P.2d 561 , 32 A.L.R.3d 496 ]; Valladares v. Stone (1990) 218 Cal. App.3d 362, 366 [ 267 Cal. Rptr. 57 ]; Charpentier v. Von Geldern (1987) 191 Cal. App.3d 101, 107 [ 236 Cal. Rptr. 233 ]; English v. Marin | 1 | 1 |
Valladares v. Stonegreen2 sentences1993The Statutory Elements Section 846 establishes limited liability on the part of a private landowner for injuries sustained by another from recreational use of the land. [2] The statute provides an exception from the general rule that a private landowner owes a duty of reasonable care to any person coming upon the land. ( Rowland v. Christian (1968) 69 Cal.2d 108, 119 [ 70 Cal. Rptr. 97 , 443 P.2d 561 , 32 A.L.R.3d 496 ]; Valladares v. Stone (1990) 218 Cal. App.3d 362, 366 [ 267 Cal. Rptr. 57 ]; Charpentier v. Von Geldern (1987) 191 Cal. App.3d 101, 107 [ 236 Cal. Rptr. 233 ]; English v. Marin 1993The Statutory Elements Section 846 establishes limited liability on the part of a private landowner for injuries sustained by another from recreational use of the land. [2] The statute provides an exception from the general rule that a private landowner owes a duty of reasonable care to any person coming upon the land. ( Rowland v. Christian (1968) 69 Cal.2d 108, 119 [ 70 Cal. Rptr. 97 , 443 P.2d 561 , 32 A.L.R.3d 496 ]; Valladares v. Stone (1990) 218 Cal. App.3d 362, 366 [ 267 Cal. Rptr. 57 ]; Charpentier v. Von Geldern (1987) 191 Cal. App.3d 101, 107 [ 236 Cal. Rptr. 233 ]; English v. Marin | 1 | 1 |
Blakley v. State of Californiagreen2 sentences1980(Id., at p. xiii.) 5 See also Gerkin v. Santa Clara Valley Water Dist. (1979) 95 Cal.App.3d 1022 [ 157 Cal.Rptr. 612 ] and Blakley v. State of California (1980) 108 Cal.App.3d 971, 975 [ 167 Cal.Rptr. 1 ], where the courts also assumed without discussion that section 846 fully applied to a governmental entity. 6 A 1979 federal case as well has held the United States government immunized from liability pursuant to section 846 when a person was injured in a fall to the base of a waterfall while hiking in a national forest. 1980(Id., at p. xiii.) 5 See also Gerkin v. Santa Clara Valley Water Dist. (1979) 95 Cal.App.3d 1022 [ 157 Cal.Rptr. 612 ] and Blakley v. State of California (1980) 108 Cal.App.3d 971, 975 [ 167 Cal.Rptr. 1 ], where the courts also assumed without discussion that section 846 fully applied to a governmental entity. 6 A 1979 federal case as well has held the United States government immunized from liability pursuant to section 846 when a person was injured in a fall to the base of a waterfall while hiking in a national forest. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Klein v. United States
green
1 sentence2016(Klein, supra, 50 Cal.4th at p. 72 .) The Supreme Court based this conclusion on “section 846’s plain language. | 1 | 2016–2016 |
Johnson v. Unocal Corp.
green
1 sentence2016The hold harmless agreement in Johnson provided the landowner would not be liable for personal injury “ ‘directly or indirectly arising out of or resulting from, or in any way connected with the use, maintenance, or occupancy of [the] premises.’ ” (Johnson, supra, 21 Cal.App.4th at p. 314 .) Johnson noted the hold harmless agreement was consistent with the purpose of section 846 to limit landowner liability and, in essence, provided the same protection as the statute. | 1 | 2016–2016 |
Ornelas v. Randolph
green
1 sentence2014Qualifying property interests Section 846 presents an “‘exceptionally broad and singularly unambiguous’ definition of protected property ‘interests.’” (Miller v. Weitzen (2005) 133 Cal.App.4th 732, 736 (Miller), quoting Ornelas, supra, 4 Cal.4th at pp. 1102-1103; accord Hubbard v. Brown (1990) 50 Cal.3d 189, 192 (Hubbard).) As originally enacted, section 846 only exempted from liability “‘owner[s] of any estate in real property.’” ( Hubbard, supra, at p. 194 , quoting Stats. 1963, ch. 1759, § 1, p. 3511.) The Third Appellate District then ruled in Darr v. Lone Star Industries, Inc. (1979) 94 C | 1 | 2014–2014 |
Klein v. United States
green
2 sentences2010I The facts are taken from the Ninth Circuit's order in Klein v. U.S. (9th Cir. 2008) 537 F.3d 1027 requesting that this court decide a question of California law. 2010I The facts are taken from the Ninth Circuit’s order in Klein v. U.S. (9th Cir. 2008) 537 F.3d 1027 requesting that this court decide a question of California law. | 1 | 2010–2010 |
Bay Development, Ltd. v. Superior Court
green
1 sentence2009(Bay Development, supra, 50 Cal.3d at pp. 1029-1030, fn. 10.) PG&E argues its immunity under section 846 shields it from liability for implied contractual indemnity. | 1 | 2009–2009 |
Gerkin v. Santa Clara Valley Water District
green
2 sentences1980(Id., at p. xiii.) 5 See also Gerkin v. Santa Clara Valley Water Dist. (1979) 95 Cal.App.3d 1022 [ 157 Cal.Rptr. 612 ] and Blakley v. State of California (1980) 108 Cal.App.3d 971, 975 [ 167 Cal.Rptr. 1 ], where the courts also assumed without discussion that section 846 fully applied to a governmental entity. 6 A 1979 federal case as well has held the United States government immunized from liability pursuant to section 846 when a person was injured in a fall to the base of a waterfall while hiking in a national forest. 1980(Id., at p. xiii.) 5 See also Gerkin v. Santa Clara Valley Water Dist. (1979) 95 Cal.App.3d 1022 [ 157 Cal.Rptr. 612 ] and Blakley v. State of California (1980) 108 Cal.App.3d 971, 975 [ 167 Cal.Rptr. 1 ], where the courts also assumed without discussion that section 846 fully applied to a governmental entity. 6 A 1979 federal case as well has held the United States government immunized from liability pursuant to section 846 when a person was injured in a fall to the base of a waterfall while hiking in a national forest. | 1 | 1980–1980 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.