Hoffman v. YoungAnnotate this Case
Where, as here, a child of the landowner is living with the landowner on the landowner's property and the landowner has consented to this living arrangement, the child's express invitation of a person to come onto the property operates as an express invitation by the landowner within the meaning of Civil Code section 846, subdivision (d)(3), unless the landowner has prohibited the child from extending the invitation.
Appellant filed suit against her friend and his parents after she was injured while riding her motorcycle on the parents' motocross track. The jury found that the parents had no liability for the collision or the allegedly negligent medical care provided to appellant after the collision. The court held that the friend's express invitation to appellant stripped his parents of the immunity that would otherwise have been provided to them by the recreational use immunity defense under section 846. In this case, the trial court erroneously instructed the jury that the express invitation exception to the immunity defense applies only if one of the friend's parents, i.e., the actual landowner, expressly invited appellant onto the property. The court held that the erroneous instruction was prejudicial to appellant. Furthermore, the trial court erroneously instructed the jury that the express invitation must be for a recreational purpose. The court reversed as to the general negligence and premises liability causes of action. The court affirmed in all other respects.