What is the test for determining whether a public entity is liable for a dangerous condition of public property?
California, United States of America
The following excerpt is from Tolan v. State of California ex rel. Dept. of Transportation, 100 Cal.App.3d 980, 161 Cal.Rptr. 307 (Cal. App. 1979):
The same principle was applied in Low v. City of Sacramento, 7 Cal.App.3d 826, 87 Cal.Rptr. 173, where the court held that the critical inquiry in determining whether a public entity is liable for a dangerous condition of public property is whether it "had control, in the sense of power to prevent, remedy or guard against the dangerous condition. . . ." (Id. at pp. 833-834, 87 Cal.Rptr. at p. 177.)
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