Lessons in Premises Liability for Property Owners

An interesting story happened in San Diego County last month.  On Thursday, November 18, 2010, landscaper Mario Garcia was busy working in the backyard of a home located in the 1900 block of Via Scott in Escondido’s unincorporated area, when he stepped on “suspicious material,” which exploded beneath him, sending him to the emergency room with serious injuries.  Although authorities haven’t disclosed all of the details, Garcia’s injuries were enough to warrant an investigation; while searching the residence of Garcia’s client, the San Diego Sheriff’s department, along with the F.B.I., discovered a massive cache of explosives, including more than nine pounds of HMTD (Hexamethylene Triperoxide Diamine), a powerful compound used in suicide bombings and other terrorist plots.  Authorities then arrested the man occupying the premises, 54-year-old George Djura Jakubec, an unemployed software engineer, and charged him with (among other things) 14 counts of possessing ingredients to make explosive devices.  According to San Diego County Deputy D.A. Terri Perez, the discovery of the “bomb factory” was “the largest quantity of these types of homemade explosives at one place in the United States.”

Explosive Repercussions

While the story of George Jakubec is noteworthy for a discussion of homeland security, the injuries of Mario Garcia raise interesting legal questions regarding the issue of liability.   Although there is little doubt the suspect in question was responsible for attaining and storing illegal explosive compounds around his residence, it turns out that George Jakubec was merely renting his home.   The owner of the property is Michele Holt, an Oakland resident who has wisely refrained from making any public statements.  Legal experts have pointed out that Holt herself might be held liable for some of the injuries sustained by Garcia if it can be proven that her negligence (such as not inspecting the premises annually as set-forth by rental law and her homeowner’s insurance policy) contributed to his harm.

Lessons for Property Owners

Whether you are the owner of a home, or even a renter, the law says there are circumstances in which both parties have the responsibility to ensure the safety of those who are “invitees, licensees, and trespassers.”  In simplest terms, this means if you are the owner or renter of the property in which you reside, or if you possess property which you are renting to another, you have a legal obligation under particular circumstances to ensure that the property is legally safe for those who visit the property, for those hired to work on the property, for those contracted to reside on the property, and for those who might trespass onto the property.

This is quite a responsibility for property owners, and quite often, is learned the hard way.  In the case of Michele Holt, she might discover that her homeowner’s insurance won’t cover the damage incurred by landscaper Mario Garcia if it is determined that she failed to live up to her responsibility.  Holt could claim that she had no knowledge of her occupant’s explosive activities; but in the eyes of the law, this excuse may not be sufficient if it can be demonstrated that Jakubec’s operations were of such a scale as to be easily discovered by a cursory inspection of the premises – which by the accounts of Federal authorities seems to have been the case.  Consequently, there is enough information to speculate that Michele Holt might find herself personally liable for some of Garcia’s injuries, paying for them out-of-pocket without the benefit of homeowner’s insurance.   If the suspect, George Jakubec, has insufficient resources to compensate Garcia, Holt can be sure that Garcia’s lawyers will take a keen interest in her liability as the property’s owner.

A Lesson in Premises Liability for Those Injured

For those injured on someone else’s property, the story of Mario Garcia is an encouraging tale of legal recourse – “encouraging” in that the law doesn’t entirely excuse the property owner from the criminal activities of his or her occupant in so far as those activities depended on the property owner’s negligence.  If such negligence can be proven, Mario Garcia’s lawyers have two potential sources of compensation for their client – both the occupant and the owner.  Although Garcia’s case is a rare one for the books, it still demonstrates the need for competent legal counsel when dealing with injuries on someone else’s property – after all, the law may not be as straightforward as the average person may want to believe.  If you have suffered an injury on someone’s property – in a private residence or in a public business – please call us at (800) 261-7001 or visit us at LAYLegal.com to speak with a qualified premises liability lawyer regarding your case.