Can a witness opine that such a condition constitutes a significant risk and dangerous condition?
California, United States of America
The following excerpt is from Thimon v. City of Newark, 258 Cal.Rptr.3d 46, 44 Cal.App.5th 745 (Cal. App. 2020):
[T]he fact that a witness can be found to opine that such a condition constitutes a significant risk and a dangerous condition does not eliminate this courts statutory task pursuant to [Government Code] section 830.2, of independently evaluating the circumstances. " ( Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1189, 83 Cal.Rptr.3d 372 ( Sun ).)
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