Is a public entity liable for injuries sustained by an employee in a motor vehicle accident?

California, United States of America


The following excerpt is from Gonzales v. City of Atwater, 212 Cal.Rptr.3d 137, 6 Cal.App.5th 929 (Cal. App. 2016):

"Under the Government Claims Act, [a] public entity is not liable for an injury. [e]xcept as otherwise provided by statute. " (Hampton v. County of San Diego (2015) 62 Cal.4th 340, 347, 195 Cal.Rptr.3d 773, 362 P.3d 417 (Hampton ).) "The Government Claims Act (Act) provides for direct liability on the part of public entities for injuries caused by maintaining dangerous conditions on their property when the condition created a reasonably foreseeable risk of the kind of injury which was incurred and either an employee's negligence or wrongful act or omission caused the dangerous condition or the entity was on actual or constructive notice of the condition in time to have taken preventive measures." (Id. at pp. 347348, 195 Cal.Rptr.3d 773, 362 P.3d 417 ; see 835.)

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