Who Is Liable for an Accident on an Easement in California?

Frank S. Clowney III

If you are wondering who is liable for an accident on an easement in California, you are not alone. Well, when it comes to determining liability, accidents occurring on an easement can raise complex legal questions. An easement is a legal right that allows one party to use another person’s property for a specific purpose, such as utility maintenance or access to a public road. Determining liability for an accident based on California property and tort laws is complicated.

What Is Considered an Easement in California?

A non-possessory right to use or access another person’s property for a specific purpose is called an easement. Regarding easements, there are two types of estates that are involved. The property burdened by the easement is referred to as the servient estate, while the party that holds the easement is called the dominant estate. These rights are often created through written agreements but can be established through other avenues.

There are different types of classifications of easements based on their purpose. A right-of-way easement is typically used for access across a piece of property. A utility easement allows a company to install and maintain infrastructure. A conservation easement limits the use of land to preserve its natural state or resources. Several other types of easements exist, all with a specific kind of purpose.

Understanding Liability on an Easement in California

The determination of liability generally depends on several factors when an accident occurs. These include who is responsible for the maintenance of the easement, the nature of the accident, and whether any party was negligent in their actions. It is important to consider the duties of the parties involved and the relationships they have with each other.

Liability for accidents on easements can fall under the categories of occupier liability, property owner liability, and negligence law in the state of California. Understanding the differences of each category can help you understand which type of easement, and which set of laws you will be dealing with.

Property Owner Liability

While the owner of the servient estate has control over the land, the dominant estate holder has a right to use the easement. However, if an accident results from a dangerous condition on the property, the owner of the servient estate still has certain responsibilities and liabilities.

According to California Civil Code Section 845 and 846, a property owner may not be held liable for injuries occurring on their property if the injury results from the conditions of the property, provided the injured person was a licensee, not a trespasser. There are exceptions to this rule, though. A property owner can still be liable if the accident is caused by their accident or if they have allowed a dangerous condition to exist on the property.

Occupier Liability

When the person physically using or occupying the easement is also the same person who is the holder of the easement, their responsibility for ensuring safety may come into play. They will be required to maintain the easement if they are the ones using or benefiting from it.

In cases where the holder of the easement is the person physically using or occupying the easement, their responsibility for ensuring safety may come into play. The dominant estate holder may be required to maintain the easement if they are the ones using it or benefiting from it. Typically, they do this by duty of care, repair, and maintenance.

Negligence and Comparative Fault in California

The state of California follows a comparative fault rule, meaning the liability may be shared between multiple parties depending on the percentage of fault each has in any accident that occurs. In these cases, California courts will assign fault based on evidence of negligence. The state also has a pure comparative fault rule, that allows an injured party to seek recover damages even if they were partially at fault.

Easement Agreements and Liability

The actual terms of an easement agreement may affect the liability in some cases as well. In many of these agreements, there are clauses that allocate the responsibility for repairs, maintenance, and accidents. There also may be a waiver of liability clause that may prevent the servient estate owner from being held responsible for the accident that occurs on the easement, even if they were negligent. Both clauses may shift the liability.

In situations where a party’s negligence causes harm to another person, California law limits the enforceability of such waivers. In this state, it is considered generally difficult for property owners to disclaim responsibility for negligence that leads to personal injury.

Liability in Special Circumstances

Liability may look different for special circumstances. When the easement is used for commercial purposes, the business owner may have more responsibility for safety, making sure it is free of hazards and that adequate warnings are posted. This holds especially true for utility companies that hold easements, as they are required to ensure they are in a safe condition.

FAQs

Q: Who Is Liable if Someone Gets Hurt on an Easement?

A: In many cases, the property owner is held liable if someone gets hurt on the easement. However, the circumstances surrounding the accident and the easement agreement also play a factor. There are also several occasions where these cases end up falling under the comparative fault rule, meaning that fault will be given in percentage to each party that is involved.

Q: Can You Get Liability Insurance on an Easement?

A: It is possible to get liability insurance on an easement. However, there are only certain circumstances where this insurance will cover the easement, such as the easement must be created with a specific purpose, and all parties involved must agree on its purpose. It is always a good idea to do your research and talk to a professional if you are considering this avenue.

Q: Who Is Responsible for Ease of Maintenance in California?

A: The owner of the easement is responsible for maintaining it in California unless it is specifically stated otherwise in the terms of the agreement. In most cases, the owner is required to maintain, repair, pay for any costs, and enforce any rules of the easement. The state holds these owners responsible through civil action.

Q: What Are the Rules for Ease of Use in California?

A: There are several rules and many kinds of rules for easements. Depending on the type of easement you are dealing with, the rules may look different. The state of California has specific rules that must be listed in the easement agreement, and other rules may be determined by the parties who will be involved. Consulting with an experienced premises liability lawyer can help make sure your easement agreement follows state laws.

Contact The Law Office of Frank S. Clowney III

Every easement and the condition of that easement look different. In California, where liability falls when it comes to accidents that occur on these easements, it is based on a variety of different factors. The conditions, parties involved, contracts, and circumstances surrounding the accident all play important roles in determining who is at fault and what percentage of fault they carry.

California’s laws surrounding easements, negligence, and fault are very complex. These cases often require a lot of research, evidence, and a skilled attorney to help reach a settlement. Contact The Law Office of Frank S. Clowney III so that one of our experienced and knowledgeable lawyers can begin working with you to help strengthen your case.