Torts/Personal Injury,
Law Practice
Sep. 27, 2021
If a tree falls in the woods, is there sovereign immunity?
Gary is riding his bike along a road next to the woods when a tree branch suddenly falls and injures him. It turns out that the tree is growing in a park that is government-owned property. Does Gary have a claim against the government for his injuries? The answer to this question is controlled by Government Code Section 831.2.
Crawford Appleby
Attorney
Baum, Hedlund, Aristei & Goldman
Crawford is the owner of the free, online, tentative rulings database: www.rulings.law. He concentrates his practice on transportation accidents and qui tam claims.
Gary is riding his bike along a road next to the woods when a tree branch suddenly falls and injures him. It turns out that the tree is growing in a park that is government-owned property. Does Gary have a claim against the government for his injuries? The answer to this question is controlled by Government Code Section 831.2.
First enacted in 1963, the purpose of Section 831.2 (commonly known as the "natural condition immunity" defense) i...
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