Cornette v. Department of Transportation

Opinion

BROWN, J.

A public entity is liable for injury proximately caused by a dangerous condition of its property if the dangerous condition created a reasonably foreseeable risk of the kind of injury sustained, and the public entity had actual or constructive notice of the condition a sufficient time before the injury to have taken preventive measures. (Gov. Code, § 835, subd. (b); Baldwin v. State of California (1972) 6 Cal.3d 424, 427 [99 Cal.Rptr. 145, 491 P.2d 1121] (Baldwin).)

However, a public entity may avoid such liability by raising the affirmative defense of design immunity. (§…