Bunker v. City of Glendale

I dissent.

A public entity is not liable for injury to persons except as provided by statute. (Gov. Code, § 815.)1 Statutory liability is imposed for injury resulting from the public entity’s creation, or its failure to warn, of a “dangerous condition” on or near its property. (§ 835.) However, the “dangerous condition” does not include property which is safe when *330used in a reasonably foreseeable manner with due care and is dangerous only if used without due care. (§ 830.) Moreover, even when property is used with due care, a minor risk of injury does not create liability. The risk must be…