Alcaraz v. Vece

In Alcaraz v. Vece (1997) 14 Cal.4th 1149, a tenant was injured when he stepped into a broken water meter box in the lawn in front of his apartment building. The tenant sued his landlords, who defended on the ground that the meter box was on a strip of land owned by the city, not on the landlords' property. The Supreme Court said that, independent of ownership, the landlords could be liable to the tenant if the landlords exercised control over the narrow strip of land owned by the city. ( Alcaraz v. Vece, supra, 14 Cal.4th at pp. 1152-1153.) Because a summary judgment was reversed, the high court had "no occasion in Alcaraz to decide under what circumstances, if any, a possessor of land may owe a duty to warn persons on the property of a hazard located on adjacent property that he or she does not own, possess, or control." (Id. at p. 1153.)