Torts/Personal Injury,
Government,
Civil Litigation
Oct. 4, 2022
Design immunity doesn’t always shield liability from failure to warn
There is a separate body of law that butts up against government code design immunity protections, which provides that a public entity may be found liable for dangerous conditions on public property.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
Governments aren't like people. They can declare war, they can print money, and when it comes to liability, it's not uncommon for governments to get special protections. This includes protections from injuries arising from public improvements.
Government Code section 830.6 provides that public entities are not liable for injuries caused by a plan or design of a public improvement (i.e., design immunity) where the public improvement was appr...
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