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https://nap.nationalacademies.org/catalog/27432/critical-issues-in-transportation-for-2024-and-beyond

PUBLIC AGENCY LIABILITY

THE HISTORY IS BRIEFLY REVIEWED IN CALIFORNIA OF TORT LIABILITY OF GOVERNMENTAL ENTITIES. CALIFORNIA AT FIRST RECOGNIZED THE TRADITIONAL IMMUNITY OF GOVERNMENTAL ENTITIES FOR THEIR TORTS. THE BASIS OF TORT IMMUNITY WAS THE LACK OF CONSENT TO BE SUED. HOWEVER, IN 1923, THE PUBLIC LIABILITY ACT WAS PASSED WHICH EXPOSED LOCAL AGENCIES TO SUITS ARISING OUT OF THE CONDITION OF PUBLIC PROPERTY, INCLUDING STREETS AND HIGHWAYS. IN 1961, THE DOCTRINE OF SOVERIGN IMMUNITY BY JUDICIAL DECISION WAS REPUDIATED AND A GOVERNMENTAL IMMUNITY BY STATUTE FOLLOWED THE DECISION EXPOSING PUBLIC ENTITIES TO LIABILITY UNDER THE 1963 TORT CLAIMS ACT. THIS ACT DECLARES THAT PUBLIC AGENCIES ARE LIABLE IN TORT TO THE EXTENT DECLARED BY STATUTE AND AFFORDS CERTAIN STATUTORY IMMUNITIES AND DEFENSES. IN THE FIELDS OF STREETS AND HIGHWAYS, THE PRINCIPAL IF NOT THE ONLY BASIS FOR LIABILITY IS THAT ARISING OUT OF THE DANGEROUS CONDITIONS OF PUBLIC PROPERTY. THE PRINCIPAL IMMUNITIES AND DEFENSES APPLICABLE TO PUBLIC ENTITIES IN THE FIELD OF STREETS AND HIGHWAYS ARE ENUMERATED. RECENT DECISIONS OF THE APPELLATE COURTS ARE REVIEWED. THESE CASES ESTABLISH THAT WHERE THE PUBLIC ENTITY CAN SHOW BY SUBSTANTIAL EVIDENCE THAT THE DESIGN OF THE PUBLIC IMPROVEMENT WAS APPROVED IN ADVANCE, THE WORK WAS COMPLETED IN ACCORDANCE WITH THE PLAN, AND THAT THE ADOPTION AND APPROVAL OF THE PLANS WERE REASONABLE, THEN THE PUBLIC ENTITY IS IMMUNE FROM LIABILITY.

  • Corporate Authors:

    Itte, University of California, Berkeley

    20th California Street & Highway Conference
    ,   United States 
  • Authors:
    • Hurlbutt, E C
  • Publication Date: 1968-1

Subject/Index Terms

Filing Info

  • Accession Number: 00218541
  • Record Type: Publication
  • Source Agency: University of California, Berkeley
  • Report/Paper Numbers: pp 69-70
  • Files: TRIS
  • Created Date: Mar 16 1970 12:00AM