Daley & Heft partner Lee Roistacher discusses Supreme Court’s decision to grant review in public entity dangerous condition case

The California Suptreme Court has decided to review an important issue relating to the scope of a public entity’s liability for conditions of property.  Should a public entity be liable for injuries when a drunk driver runs another driver off the road and into a tree under a theory that the tree was too close to the road and thus caused the injury or increased the severity of injury sustained?  In recent years, several appelllate courts have declined to impose liability against public entities absent some clear connection between the alleged dangerous condition of property and the third party conduct.  But other courts have concluded that a public entity can be liable for conditions of property simply because the allegedly dangerous condition of property increases the risk of harm to the person injured by the third party.  The Supreme Court appears ready to resolve the issue.  In Cordova v. City of Los Angeles, No. S208130, the Supreme Court granted review on the following issue: May a government entity be liable where it is alleged that a dangerous condition of public property existed and caused the injury plaintiffs suffered in an accident, but did not cause the third party conduct that led to the accident?  For more information, please contact Lee H. Roistacher.

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