Arroyo

A child walks on a hiking trail in a state park. Suddenly a mountain lion leaps out from the brush and mauls the child. May the child sue the state for his injuries? No.

Government Code section 831.2 protects public entities and employees from liability for injuries caused by natural conditions on unimproved public property. Here we hold that mountain lions are part of the natural condition of the land. The immunity provided by section 831.2 precludes prosecution of an action.

Darron M. Arroyo et al. (Arroyo), appeal from the judgment of dismissal in favor of respondent, the State of California (State), after the trial court sustained the demurrer of the State without leave to amend. We affirm.

Facts

On March 12, 1992, nine-year-old Darron Arroyo was mauled by a mountain lion while he was hiking on a marked trail in Gaviota State Park (Gaviota) with his father, Steven Arroyo, and his brother, Justin Arroyo. Steven filed the instant action on behalf of himself, and as guardian ad litem for his sons, Darron and Justin.

Arroyo alleges that the State is liable under the California Tort Claims Act. (See generally, Gov. Code, § 830 et seq.) He pleads that the State knew of…