HomeMy WebLinkAbout85-25 - Senate Bill 433 - Natural Condition ImmunityRESOLUTION NO. 85 -25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH IN SUPPORT OF SENATE BILL 433
REGARDING NATURAL CONDITION IMMJNITY
(BERGESON)
• WHEREAS, in 1963 the State Legislature enacted
comprehensisve statutes imposing liability on public entities for
damages or injuries in certain circumstances and granting
immunity in other cases; and
WHEREAS, as a part of this comprehensive statutory
scheme, public entities were granted an absolute immunity from
liability for injuries resulting from a natural condition of
unimproved public property; and
WHEREAS, the Legislature, in granting this natural
condition immunity, recognized in 1963, that the burden and
expense of putting all unimproved public property in a safe
condition, and the expense of defending claims for injuries
resulting from the use of that unimproved public property, would
cause many public entities to close such areas to public use; and
WHEREAS, the,Legislature also recognized that it is not
unreasonable to expect persons, who voluntarily use unimproved
public property in its natural condition, to assume the risk of
injuries arising from such use; and
WHEREAS, the reasons advanced by the Legislature in
1963 for granting natural condition immunity to unimproved public
property apply today, to a far greater extent than before, given
the rapidly increasing number of claims and lawsuits, mounting
litigation expenses and budget reductions resulting from measures
such as Proposition 13; and
WHEREAS, the California Court of Appeal has recently
• ruled that natural condition immunity may not apply if a
governmental entity has previously provided public safety
services, or has previously posted warnings on property otherwise
in a natural condition; and
0
WHEREAS, State Senator Marian Bergeson has introduced
Senate Bill 433 to reconfirm the Legislature's commitment to
extend the natural condition immunity when governmental entities
have provided protective services with respect to property that
is otherwise in a natural condition and, that natural condition
irrmunity also applies in spite of the fact that minor
improvements may have been made to the property, so long as the
primary cause of the injury causing the condition was a natural
force, or combination of natural forces; and
WHEREAS, Senate Bill 433 strikes an appropriate balance
between the need to provide reasonable protection for the user of
public property, and the need to encourage governmental entities
to open their property for recreational use without fear of
incurring substantial liability.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Newport Beach hereby supports Senate Bill 433 and encourages its
adoption by the State Legislature.
ADOPTED this 8th day of _April , 1985.
ATTEST:
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City Clerk
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