PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES
Part 2 added by Stats. 1963, Ch. 1681.
§§ 814–895.8 · 108 sections
CHAPTER 1. General Provisions Relating to Liability §§ 814–827 · 38 sections
ARTICLE 1. Scope of Part §§ 814–814.2 · 2 sections
- § 814 Nothing in this part affects liability based on contract or the right to obtain relief other than money or damages against a public entity or public employee.
- § 814.2 Nothing in this part shall be construed to impliedly repeal any provision of Division 4 (commencing with Section 3201) or Division 4.5 (commencing with Section…
ARTICLE 2. Liability of Public Entities §§ 815–818.9 · 14 sections
- § 815 Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public…
- § 815.2 (a) A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the…
- § 815.3 (a) Notwithstanding any other provision of this part, unless the elected official and the public entity are named as codefendants in the same action, a public…
- § 815.4 A public entity is liable for injury proximately caused by a tortious act or omission of an independent contractor of the public entity to the same extent that…
- § 815.6 Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public…
- § 816 A public entity is not liable for injury arising out of any activity conducted by a member of the California National Guard pursuant to Section 316, 502, 503,…
- § 818 Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed…
- § 818.2 A public entity is not liable for an injury caused by adopting or failing to adopt an enactment or by failing to enforce any law.
- § 818.4 A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend…
- § 818.5 The Department of Motor Vehicles is liable for any injury to a lienholder or good faith purchaser of a vehicle proximately caused by the department’s negligent…
- § 818.6 A public entity is not liable for injury caused by its failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any…
- § 818.7 No board, commission, or any public officer or employee of the state or of any district, county, city and county, or city is liable for any damage or injury to…
- § 818.8 A public entity is not liable for an injury caused by misrepresentation by an employee of the public entity, whether or not such misrepresentation be negligent…
- § 818.9 A court or county, its employees, independent contractors, and volunteers shall not be liable because of any advice provided to small claims court litigants or…
ARTICLE 3. Liability of Public Employees §§ 820–823 · 17 sections
- § 820 (a) Except as otherwise provided by statute (including Section 820.2), a public employee is liable for injury caused by his act or omission to the same extent…
- § 820.2 Except as otherwise provided by statute, a public employee is not liable for an injury resulting from his act or omission where the act or omission was the…
- § 820.21 (a) Notwithstanding any other provision of the law, the civil immunity of juvenile court social workers, child protection workers, and other public employees…
- § 820.25 (a) For purposes of Section 820.2, the decision of a peace officer, as defined in Sections 830.1 and 830.2 of the Penal Code, or a state or local law…
- § 820.4 A public employee is not liable for his act or omission, exercising due care, in the execution or enforcement of any law. Nothing in this section exonerates a…
- § 820.6 If a public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable, he…
- § 820.8 Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person. Nothing in this section…
- § 820.9 Members of city councils, mayors, members of boards of supervisors, members of school boards, members of governing boards of other local public entities,…
- § 821 A public employee is not liable for an injury caused by his adoption of or failure to adopt an enactment or by his failure to enforce an enactment.
- § 821.2 A public employee is not liable for an injury caused by his issuance, denial, suspension or revocation of, or by his failure or refusal to issue, deny, suspend…
- § 821.4 A public employee is not liable for injury caused by his failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any…
- § 821.5 A public entity or a public employee acting within the scope of his employment is not liable for failing to prohibit or restrict the time that cargo tank…
- § 821.6 A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his…
- § 821.8 A public employee is not liable for an injury arising out of his entry upon any property where such entry is expressly or impliedly authorized by law. Nothing…
- § 822 A public employee is not liable for money stolen from his official custody. Nothing in this section exonerates a public employee from liability if the loss was…
- § 822.2 A public employee acting in the scope of his employment is not liable for an injury caused by his misrepresentation, whether or not such misrepresentation be…
- § 823 Neither the widow, widower, nor the heirs of a peace officer, as defined in Sections 830.1, 830.2, and 830.32 of the Penal Code, shall be liable individually…
ARTICLE 4. Indemnification of Public Employees §§ 825–825.6 · 4 sections
- § 825 (a) Except as otherwise provided in this section, if an employee or former employee of a public entity requests the public entity to defend him or her against…
- § 825.2 (a) Subject to subdivision (b), if an employee or former employee of a public entity pays any claim or judgment against him, or any portion thereof, that the…
- § 825.4 Except as provided in Section 825.6, if a public entity pays any claim or judgment against itself or against an employee or former employee of the public…
- § 825.6 (a) (1) Except as provided in subdivision (b), if a public entity pays any claim or judgment, or any portion thereof, either against itself or against an…
ARTICLE 5. Indemnification of Certain State Agents § 827 · 1 section
- § 827 A provider of health care, as defined in Section 56.05 of the Civil Code, its officers, employees, agents, and subcontractors, who are defended by the Attorney…
CHAPTER 2. Dangerous Conditions of Public Property §§ 830–840.6 · 26 sections
ARTICLE 1. General §§ 830–831.8 · 19 sections
- § 830 As used in this chapter: (a) “Dangerous condition” means a condition of property that creates a substantial (as distinguished from a minor, trivial or…
- § 830.1 For purposes of this chapter, seismic safety improvements or fire sprinkler improvements which are owned, built, controlled, operated, and maintained by the…
- § 830.2 A condition is not a dangerous condition within the meaning of this chapter if the trial or appellate court, viewing the evidence most favorably to the…
- § 830.4 A condition is not a dangerous condition within the meaning of this chapter merely because of the failure to provide regulatory traffic control signals, stop…
- § 830.5 (a) Except where the doctrine of res ipsa loquitur is applicable, the happening of the accident which results in the injury is not in and of itself evidence…
- § 830.6 Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement…
- § 830.8 Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide traffic or warning signals, signs,…
- § 830.9 Neither a public entity nor a public employee is liable for an injury caused by the operation or nonoperation of official traffic control signals when…
- § 831 Neither a public entity nor a public employee is liable for an injury caused by the effect on the use of streets and highways of weather conditions as such.…
- § 831.2 Neither a public entity nor a public employee is liable for an injury caused by a natural condition of any unimproved public property, including but not…
- § 831.21 (a) Public beaches shall be deemed to be in a natural condition and unimproved notwithstanding the provision or absence of public safety services such as…
- § 831.25 (a) Neither a public entity nor a public employee is liable for any damage or injury to property, or for emotional distress unless the plaintiff has suffered…
- § 831.3 Neither a public entity nor a public employee is liable for any injury occurring on account of the grading or the performance of other maintenance or repair on…
- § 831.4 A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by…
- § 831.5 (a) The Legislature declares that innovative public access programs, such as agreements with public land trusts, can provide effective and responsible…
- § 831.6 Neither the State nor an employee of the State is liable under this chapter for any injury caused by a condition of the unimproved and unoccupied portions of:…
- § 831.7 (a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who…
- § 831.7.5 (a) A public entity that owns or operates a dog park shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog…
- § 831.8 (a) Subject to subdivisions (d) and (e), neither a public entity nor a public employee is liable under this chapter for an injury caused by the condition of a…
ARTICLE 2. Liability of Public Entities §§ 835–835.4 · 3 sections
- § 835 Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the…
- § 835.2 (a) A public entity had actual notice of a dangerous condition within the meaning of subdivision (b) of Section 835 if it had actual knowledge of the existence…
- § 835.4 (a) A public entity is not liable under subdivision (a) of Section 835 for injury caused by a condition of its property if the public entity establishes that…
ARTICLE 3. Liability of Public Employees §§ 840–840.6 · 4 sections
- § 840 Except as provided in this article, a public employee is not liable for injury caused by a condition of public property where such condition exists because of…
- § 840.2 An employee of a public entity is liable for injury caused by a dangerous condition of public property if the plaintiff establishes that the property of the…
- § 840.4 (a) A public employee had actual notice of a dangerous condition within the meaning of subdivision (b) of Section 840.2 if he had actual personal knowledge of…
- § 840.6 (a) A public employee is not liable under subdivision (a) of Section 840.2 for injury caused by a dangerous condition of public property if he establishes that…
CHAPTER 3. Police and Correctional Activities §§ 844–846 · 8 sections
- § 844 As used in this chapter, “prisoner” includes an inmate of a prison, jail, or penal or correctional facility. For the purposes of this chapter, a lawfully…
- § 844.6 (a) Notwithstanding any other provision of this part, except as provided in this section and in Sections 814, 814.2, 845.4, and 845.6, or in Title 2.1…
- § 845 Neither a public entity nor a public employee is liable for failure to establish a police department or otherwise to provide police protection service or, if…
- § 845.2 Except as provided in Chapter 2 (commencing with Section 830), neither a public entity nor a public employee is liable for failure to provide a prison, jail or…
- § 845.4 Neither a public entity nor a public employee acting within the scope of his employment is liable for interfering with the right of a prisoner to obtain a…
- § 845.6 Neither a public entity nor a public employee is liable for injury proximately caused by the failure of the employee to furnish or obtain medical care for a…
- § 845.8 Neither a public entity nor a public employee is liable for: (a) Any injury resulting from determining whether to parole or release a prisoner or from…
- § 846 Neither a public entity nor a public employee is liable for injury caused by the failure to make an arrest or by the failure to retain an arrested person in…
CHAPTER 4. Fire Protection §§ 850–850.8 · 5 sections
- § 850 Neither a public entity nor a public employee is liable for failure to establish a fire department or otherwise to provide fire protection service.
- § 850.2 Neither a public entity that has undertaken to provide fire protection service, nor an employee of such a public entity, is liable for any injury resulting…
- § 850.4 Neither a public entity, nor a public employee acting in the scope of his employment, is liable for any injury resulting from the condition of fire protection…
- § 850.6 (a) Whenever a public entity provides fire protection or firefighting service outside of the area regularly served and protected by the public entity providing…
- § 850.8 Any member of an organized fire department, fire protection district, or other firefighting unit of either the state or any political subdivision, any employee…
CHAPTER 4.5. Unmanned Aircraft §§ 853–853.5 · 3 sections
- § 853 A local public entity or public employee of a local public entity shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if…
- § 853.1 The immunity provided by this chapter is in addition to any other immunity provided to a local public entity or public employee of a local public entity under…
- § 853.5 The following definitions shall apply to this chapter: (a) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human…
CHAPTER 5. Medical, Hospital and Public Health Activities §§ 854–856.6 · 16 sections
- § 854 As used in this chapter, unless the context otherwise requires, “medical facility” includes a hospital, infirmary, clinic, dispensary, mental institution, or…
- § 854.1 (a) It is the intent of the Legislature to ensure continuity of care for individuals with developmental disabilities transitioning from a developmental center…
- § 854.2 As used in this chapter, “mental institution” means a state hospital for the care and treatment of persons with mental health disorders or intellectual…
- § 854.3 As used in this chapter, “county psychiatric hospital” means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100…
- § 854.4 As used in this chapter, “mental illness or addiction” means any condition for which a person may be detained, cared for, or treated in a mental institution,…
- § 854.5 As used in this chapter, “confine” includes admit, commit, place, detain, or hold in custody.
- § 854.8 (a) Notwithstanding any other provision of this part, except as provided in this section and in Sections 814, 814.2, 855, and 855.2, a public entity is not…
- § 855 (a) A public entity that operates or maintains any medical facility that is subject to regulation by the State Department of Health Services, Social Services,…
- § 855.2 Neither a public entity nor a public employee acting within the scope of his employment is liable for interfering with the right of an inmate of a medical…
- § 855.4 (a) Neither a public entity nor a public employee is liable for an injury resulting from the decision to perform or not to perform any act to promote the…
- § 855.6 Except for an examination or diagnosis for the purpose of treatment, neither a public entity nor a public employee acting within the scope of his employment is…
- § 855.8 (a) Neither a public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to…
- § 856 (a) Neither a public entity nor a public employee acting within the scope of his employment is liable for any injury resulting from determining in accordance…
- § 856.2 (a) Neither a public entity nor a public employee is liable for: (1) An injury caused by an escaping or escaped person who has been confined for mental illness…
- § 856.4 Except as provided in Section 815.6, neither a public entity nor a public employee acting in the scope of his employment is liable for an injury resulting from…
- § 856.6 (a) A public entity, public employee, or volunteer, participating in the National Influenza Program of 1976, shall not be liable for an injury caused by an act…
CHAPTER 6. Administration of Tax Laws §§ 860–860.4 · 3 sections
- § 860 As used in this chapter, “tax” includes a tax, assessment, fee or charge.
- § 860.2 Neither a public entity nor a public employee is liable for an injury caused by: (a) Instituting any judicial or administrative proceeding or action for or…
- § 860.4 Nothing in this chapter affects any law relating to refund, rebate, exemption, cancellation, amendment or adjustment of taxes.
CHAPTER 7. Use of Pesticides § 862 · 1 section
- § 862 (a) As used in this section, “pesticide” means: (1) An “economic poison” as defined in Section 12753 of the Agricultural Code; (2) An “injurious material” the…
CHAPTER 8. Activities to Abate an Impending Peril §§ 865–867 · 3 sections
- § 865 The Legislature hereby finds and declares that: (a) The gradual movement of land, such as in prehistoric slide areas, or as a result of subsidence due to the…
- § 866 (a) Subject to the provisions of subdivisions (b) and (c), in the event of public necessity and to avoid impending peril to persons or property as a result of…
- § 867 An employee of a local public entity is not liable for damages for injury to persons or property resulting from an impending peril or from any action taken to…
CHAPTER 21. Tort Liability Under Agreements Between Public Entities §§ 895–895.8 · 5 sections
- § 895 As used in this chapter “agreement” means a joint powers agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1…
- § 895.2 Whenever any public entities enter into an agreement, they are jointly and severally liable upon any liability which is imposed by any law other than this…
- § 895.4 As part of any agreement, the public entities may provide for contribution or indemnification by any or all of the public entities that are parties to the…
- § 895.6 Unless the public entities that are parties to an agreement otherwise provide in the agreement, if a public entity is held liable upon any judgment for damages…
- § 895.8 Except for Section 895.6, this chapter applies to any agreement between public entities, whether entered into before or after the effective date of this…