California, United States of America
The following excerpt is from Briggs v. State of California, 14 Cal.App.3d 489, 92 Cal.Rptr. 433 (Cal. App. 1971):
Finally, the state argues that the court committed prejudicial error by giving Instruction No. 9, set forth in full below. 5 The applicable principles were aptly summarized recently in Bakity v. County of Riverside, supra, 12 Cal.App.3d at pages 30 and 31, 90 Cal.Rptr. at pages 544 and 545, as follows: 'Condition of public property may be dangerous where the condition of adjacent property exposes those using public property to a substantial risk of harm. (Citation.) '(A) municipality may be held liable for failure to guard against accidents due to a dangerous or defective condition even though that condition exists off the traveled portion of the highway so long as it is so connected with or in such proximity to the traveled portion of the highway as to render it unsafe to those traveling thereon.' (Citations.)
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