Court Opinions

State Laws

US Code

US Constitution

California Government Code Section 831.25

Legal Research Home > California Lawyer > Government Code > California Government Code Section 831.25

(a) Neither a public entity nor a public employee is liable
for any damage or injury to property, or for emotional distress
unless the plaintiff has suffered substantial physical injury, off
the public entity's property caused by land failure of any unimproved
public property if the land failure was caused by a natural
condition of the unimproved public property.
   (b) For the purposes of this section, a natural condition exists
and property shall be deemed unimproved notwithstanding the
intervention of minor improvements made for the preservation or
prudent management of the property in its unimproved state that did
not contribute to the land failure.
   (c) As used in this section, "land failure" means any movement of
land, including a landslide, mudslide, creep, subsidence, and any
other gradual or rapid movement of land.
   (d) This section shall not benefit any public entity or public
employee who had actual notice of probable damage that is likely to
occur outside the public property because of land failure and who
fails to give a reasonable warning of the danger to the affected
property owners.  Neither a public entity nor a public employee is
liable for any damage or injury arising from the giving of a warning
under this section.
   (e) Nothing in this section shall limit the immunity provided by
Section 831.2.
   (f) Nothing in this section creates a duty of care or basis of
liability for damage or injury to property or of liability for
emotional distress.

Last modified: January 12, 2009