Palaioroutas

BACKGROUND

A. General Legal Principles Relating to Premises Liability for a Public Entity We first provide an overview of public entity premises liability law to place our factual summary in context. A public entity is not liable for any injury except as provided by statute. (§ 815.) Section 835 makes a public entity “liable for injury caused by a dangerous condition of its property” when “(a) . . . the public entity . . . created the dangerous condition; or [¶] (b) [t]he public entity had actual or constructive notice of the dangerous condition under [s]ection 835.2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.”2 (Id., subds. (a), (b).) “ ‘Dangerous condition’ means a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property . . . is used with due care in a manner in which it is reasonably foreseeable that it will be used.” (§ 830, subd. (a).)

2 “ ‘Protect against’ includes . . . correcting a dangerous condition, providing safeguards against [it], or warning of [it].” (§ 830, subd. (b).)

3 Under section 835.2, a public entity has…