Legal Opinion
Hampton v. County of San Diego
California Supreme Court
Decided December 10, 2015No. S213132PublishedCited by 75 opinions
1Opinion of the Court
Opinion
CANTIL-SAKAUYE, C. J.
A public entity may be liable for injuries caused by dangerous conditions of public property. (Gov. Code, §§ 830, 835.) An entity may avoid liability, however, through the affirmative defense of design immunity. (§ 830.6.) “A public entity claiming design immunity must establish three elements: (1) a causal relationship between the plan or design and the accident; (2) discretionary approval of the plan or design prior to construction; and (3) substantial evidence supporting the reasonableness of the plan or design.” (Cornette v. Department of Transportation (2001)…
2Cases cited16 opinions
- Johnson v. State of CaliforniaCalifornia Supreme Court · 1968
- Weiss v. FoteNew York Court of Appeals · 1960
- Caldwell v. MontoyaCalifornia Supreme Court · 1995
- Alexander v. EldredNew York Court of Appeals · 1984
- Hartford Casualty Insurance v. Swift Distribution, Inc.California Supreme Court · 2014
11 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Valdez v. Seidner-Miller, Inc., California Court of Appeal, 5th District2019
- People v. Laird, California Court of Appeal, 5th District2018
- Drexler v. PetersenCalifornia Court of Appeal · 2016
- Gonzales v. City of AtwaterCalifornia Court of Appeal · 2016
- People v. Williams, California Court of Appeal, 2nd District2016
70 more not listed; retrieve them via the Exa API.