So You Think You Know the Law…(Answers to the Spring Edition 2012 of Gray Matters)
May 2012
5. Your wife is seriously injured when she falls on the new handicap ramp at the performing arts center at the local high school. You can sue the school district and the city for your wife’s injuries and medical expenses. (True or False)
False: Under California Government Code § 830.6 there is no liability for an injury caused by the plan or design of a construction project on a public property if the design has been approved by the authorized body of the public entity, in this case the school board and the city architect. Unless you can prove that the conditions of the area have been changed since the construction and approval, your suit for damages would likely be barred by the design immunity defense provided by § 830.6.For any questions you may have regarding public school tort liability, please contact Rick Williams in our Redwood City office.
Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.
