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Corporate

Jan. 4, 2011

Why Technological Advancements Should Not Undermine Design Immunity

Public entities should not have to continually update their facilities to retain design immunity. By Julie Veit and Christine Hiler of Hanson Bridgett.


By Julie Veit and Christine Hiler


Design immunity protects public entities from premises liability for public facilities where the injury was caused by the design of the premises, the design was a reasonable one, and the governing body of the public entity approved the design in advance of construction. It is a key defense to dangerous condition of public property liability. Design immunity is premised on the separation of powers doctrine and prevents the judicia...

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