What is the test for determining whether a public entity is liable for injury caused by a dangerous condition of its property?

California, United States of America


The following excerpt is from Tovar v. Los Angeles County Metro. Transp. Auth., B207117, No. TC018015 (Cal. App. 2010):

As we have stated, Government Code section 835 provides the sole statutory basis for imposing liability on public entities as property owners. (Cerna v. City of Oakland (2008) 161 Cal.App.4th 1340, 1346-1347.) Under that statute, a public entity is " 'liable for injury caused by a dangerous condition of its property if the plaintiff establishes 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, and that either: [] (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or [] (b) The public entity had actual or constructive notice of the dangerous condition... a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.' " (Id. at p. 1347.) A "dangerous condition" means "a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when

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