Equality for Trespassers

Although few of them are yet aware of it, Californians who own or rent property have something in common to grumble about. Until recently, state law provided that liability for injuries suffered by persons on their property varied according to the victim's status. Most protected by the law were people like milkmen, repairmen and insurance agents, who were called to do business. Last in line to collect for injury were social guests and trespassers, both of whom had to take the premises as they found them, regardless of dangers. All the owner or tenant owed them, it went on, was to refrain "from wanton or willful injury." Not any more, said the influential California Supreme Court last month. Reversing a lower court damage-suit decision, it found such categorization of victims obsolete. Henceforth, even a gate crasher who trips over a royal palm stump and fractures his drinking arm will be able to sue with equal protection.

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