CGLaw Pod

The Ganci Law Update - EP5: Is Jogging A Recreational Activity And How Does This Distinction Pertain To Premises Liability?

Eric Ganci Episode 5

If you injure yourself while jogging on someone's property, is the property owner liable for negligence?

In this installment, CaseyGerry attorney Eric Ganci explores this question referencing a recent judgement in  Rucker v. WINCAL, LLC (2022) 74 Cal.App.5th 883. 

According to the California civil code 846 (A) - "An owner owes no duty of care to keep the premises safe for entry others for entry or use for any recreational purpose, or to give warning of hazardous conditions to persons entering for recreational purposes. However, exceptions apply."

The question remains - How is recreational purposes defined in this context?


Rucker v. WINCAL, LLC (2022) 74 Cal.App.5th 883 

Kaney v. Mazza (2022) 74 Cal.App.5th 201 

Finlan v. Chase (2021) 68 Cal.App.5th 934 

Rouland v. Pacific Specialty Ins. Co. (2013) 220 Cal.App.4th 280  

Shalabi v. Fontana (2021) 11 Cal.5th 842 




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