Under the Government Claims Act, a public entity can be held liable for either creating a dangerous condition on its property or failing to protect against such a condition when the entity had notice of the danger and sufficient time to remedy the situation.
The statutory defense of design immunity, however, precludes liability for injuries that were allegedly caused by a defect in the design of a public improvement when certain conditions are met.
To obtain design immunity, a public entity must establish that:
On April 27, 2023, the California Supreme Court unanimously held that even if a governmental entity is immune from suit due to design immunity, it can still be held responsible for its failure to warn.
The California Supreme Court articulated the following three-part test to establish a failure to warn claim against a governmental entity:
This is a huge win for consumers in California and it could not be done without a lot of effort and sacrifice by many people. You can read the entire case here.
In particular, the Counsel for the Plaintiffs in this case were Mardirossian & Associates; Mardirossian Akaragian, Garo Mardirossian, Armen Akaragian, Adam Feit; The Linde Law Firm, Douglas A. Linde, Erica A. Gonzales; Esner, Chang & Boyer, Holly N. Boyer, Shea S. Murphy; Ehrlich Law Firm and Jeffrey I. Ehrlich.
 Gov. Code, § 810 et seq.
 Gov. Code, § 835, subd. (a): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=835.
 Gov. Code, § 835, subd. (b): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=835.