Courts Will Not Second-Guess Public Entities When it Comes to Design Immunity
It was a bizarre confluence of events. Jorgen Stufkosky was driving on SR-154 in Santa Ynez, California. Martha Aguayo was driving on the same highway ahead…
California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions
Get ready for more street signage. The California Supreme Court, in Tansavatdi v. City of Rancho Palos Verdes, (2023) 14 Cal.5th 639, has held that Government Code…
Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense
In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you…
California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims
Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on…
Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Best Left Alone
April 23, 1985 is a day that will live in infamy. The Coca Cola Company, responding to falling sales against its “sweeter” rival Pepsi-Cola, announced that…
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