Can a public entity avoid liability for its property by raising the affirmative defense of design immunity?

California, United States of America


The following excerpt is from Gomez v. State, E050193, Super.Ct.No. RIC406194 (Cal. App. 2011):

A public entity may avoid liability for the dangerous condition of its property "by raising the affirmative defense of design immunity. [Citation.]" (Cornette v. Department of Transp., supra, 26 Cal.4th at p. 66.) "'"In a civil case, each of the parties must

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