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California Government Code Section 830.6

Legal Research Home > California Lawyer > Government Code > California Government Code Section 830.6

Neither a public entity nor a public employee is liable
under this chapter for an injury caused by the plan or design of a
construction of, or an improvement to, public property where such
plan or design has been approved in advance of the construction or
improvement by the legislative body of the public entity or by some
other body or employee exercising discretionary authority to give
such approval or where such plan or design is prepared in conformity
with standards previously so approved, if the trial or appellate
court determines that there is any substantial evidence upon the
basis of which (a) a reasonable public employee could have adopted
the plan or design or the standards therefor or (b) a reasonable
legislative body or other body or employee could have approved the
plan or design or the standards therefor.  Notwithstanding notice
that constructed or improved public property may no longer be in
conformity with a plan or design or a standard which reasonably could
be approved by the legislative body or other body or employee, the
immunity provided by this section shall continue for a reasonable
period of time sufficient to permit the public entity to obtain funds
for and carry out remedial work necessary to allow such public
property to be in conformity with a plan or design approved by the
legislative body of the public entity or other body or employee, or
with a plan or design in conformity with a standard previously
approved by such legislative body or other body or employee.  In the
event that the public entity is unable to remedy such public property
because of practical impossibility or lack of sufficient funds, the
immunity provided by this section shall remain so long as such public
entity shall reasonably attempt to provide adequate warnings of the
existence of the condition not conforming to the approved plan or
design or to the approved standard.  However, where a person fails to
heed such warning or occupies public property despite such warning,
such failure or occupation shall not in itself constitute an
assumption of the risk of the danger indicated by the warning.

Last modified: January 12, 2009