• “The statutory defense of design immunity, however, precludes liability for injuries that were allegedly caused by a defect in the design of a public

Under Government Code section 830.6, an agency is immune from liability for an injury caused by a plan or design of public property if three elements are established: there is some evidence that the approval was reasonable.

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Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design…

"To obtain design immunity, a public entity must establish that the challenged design was discretionarily approved by authorized personnel and that substantial evidence supported the reasonableness of the plan."

Under Government Code 830.6, design immunity is an affirmative defense for plans that were approved in advance by the legislative body of the public entity, “or other body or employee exercising discretionary authority to give such approval.”

For design immunity to apply, the design must have been approved by the public entity before construction and there must be substantial evidence that the design was reasonable at the time.

It is a legal defense that the California Legislature provides public entities to use in lawsuits alleging that the design of a public improvement constitutes a “dangerous condition.”

In other words, a city that pleads and proves that Government Code Section 830.6 applies is immune from liability even if a judge or jury could find the plan or design of the injury causing condition was dangerous.

Another flaw is that CAOC’s argument ignores the plain language of section 830.6. That language does not limit design immunity to any particular subdivision of Government Code section 835.

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