Is a public body liable for damages under section 815 of the Government Code for injuries sustained by a motor vehicle accident?

California, United States of America


The following excerpt is from Ducey v. Argo Sales Co., 159 Cal.Rptr. 835, 25 Cal.3d 707, 602 P.2d 755 (Cal. 1979):

[25 Cal.3d 726] "Section 815 of the Government Code declares: (a) a public entity is not liable for any injuries except as provided by statute; and (b) any statutorily established liability is subject to both statutory immunities and the defenses that would be available to the public entity were it a private person. . . . (P) To impose liability for a dangerous condition of property under section 835, a plaintiff must establish 'that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, . . .' " (Hayes v. State of California (1974) 11 Cal.3d 469, 471, fn. omitted, 113 Cal.Rptr. 599, 601, 521 P.2d 855, 857.)

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