California Partition Law Blog
Generally, every owner of property is liable for injuries on their property when it is not in a reasonably safe condition. (Cody F. v. Falletti (2001) 92 Cal.App.4th 1232.) If a party was a co–owner and jointly in possession of the premises, they would be equally responsible for the condition of the premises and equally liable for injury. (Mayo v. White (1986) 178 Cal.App.3d 1083.
Civil Code section 1714 states that everyone is responsible for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.
Even if someone has a small interest in the property and they exercise no control over the management of the property, they still will be liable. (Davert v. Larson (1985) 163 Cal.App.3d 407.) This is because the courts believe relieving individual owners in common of liability would eliminate any motivation of any party to exercise due care in the management and control of commonly owned property. (Id.) Therefore, owners may then be found to be “jointly and severally liable” for a person’s injury.