Berry

Government Code section 831.7 provides in relevant part: “(a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity ... for any damage or injury to property or persons arising out of that hazardous recreational activity, [f] (b) . . . ‘Hazardous recreational activity’ also means: ... [SO (2) Any form of diving into water from other than a diving board or diving platform, . . .” (Italics added; further statutory references are to the Government Code unless otherwise indicated.)

In this case, we are called upon to determine the meaning of “diving platform.” We shall conclude a “diving platform” is an artificial structure designed and maintained for the purpose of diving. We shall further conclude that a free stump does not qualify as a diving platform.

Procedural History

Appellant, Sandra Dee Berry, filed a complaint against the State of California (the State) for damages for personal injuries sustained from diving into the American River. Following a successful demurrer, judgment was entered in favor of the State. Berry appeals contending the trial court erred in sustaining the demurrer as she had…