Can a landowner's failure to erect a fence or fence be a legal cause of injury?
California, United States of America
The following excerpt is from Thompson v. McDonald's Corporation, B206000 (Cal. App. 6/15/2009), B206000 (Cal. App. 2009):
The present case comes within the rule that "`[w]hen an injury can be prevented by a lock or a fence or a chain across a driveway or some other physical device, a landowner's failure to erect an appropriate barrier can be the legal cause of an injury inflicted by the negligent or criminal act of a third person.'" (Saelzler v. Advanced Group 400, supra, 25 Cal.4th at p. 779.)
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