So You Think You Know the Law…(Answers to the Summer Edition 2012 of Gray Matters)

August 2012

3. Despite state law, a city can pass an ordinance making a homeowner liable for injured pedestrians due to sidewalk defects, regardless of whether the homeowner created the dangerous condition. (True or False)

True: In Gonzales v. City of San Jose (2004) 125 Cal.App.4^th 1127, the City of San Jose passed such an ordinance. The Appellate Court ruled that the ordinance did not conflict with, and was therefore not preempted by, Streets and Highways Code Section 5610. For any questions you may have regarding premises liability, please contact Kevin Cruz in our Encino office. Return to Newsletter.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.

3. Despite state law, a city can pass an ordinance making a homeowner liable for injured pedestrians due to sidewalk defects, regardless of whether the homeowner created the dangerous condition. (True or False)

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