reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Dangerous Conditions of Public Property › ARTICLE 1 - General › Section 831.5.

831.5. (a) The Legislature declares that innovative public access programs, such as agreements with public land trusts, can provide effective and responsible alternatives to costly public acquisition programs. The Legislature therefore declares that it is beneficial to the people of this state to encourage private nonprofit entities such as public land trusts to carry out programs that preserve open space or increase opportunities for the public to enjoy access to and use of natural resources if the programs are consistent (1) with public safety, (2) with the protection of the resources, and (3) with public and private rights.
(b) For the purposes of Sections 831.2, 831.25, 831.4, and 831.7, “public entity” includes a public land trust which meets all of the following conditions:
(1)  It is a nonprofit organization existing under the provisions of Section 501(c) of the United States Internal Revenue Code.
(2)  It has specifically set forth in its articles of incorporation, as among its principal charitable purposes, the conservation of land for public access, agricultural, scientific, historical, educational, recreational, scenic, or open-space opportunities.
(3)  It has entered into an agreement with the State Coastal Conservancy for lands located within the coastal zone, as defined in Section 31006 of the Public Resources Code, with the California Tahoe Conservancy or its designee for lands located within the Lake Tahoe region, as defined in subdivision (c) of Section 66953 of the Government Code, or with the State Public Works Board or its designee for lands not located within the coastal zone or the Lake Tahoe region, on such terms and conditions as are mutually agreeable, requiring the public land trust to hold the lands or, where appropriate, to provide nondiscriminatory public access consistent with the protection and conservation of either coastal or other natural resources, or both. The conservancy or the board, as appropriate, shall periodically review the agreement and determine whether the public land trust is in compliance with the terms and conditions. In the event the conservancy or the board determines that the public land trust is not in substantial compliance with the agreement, the conservancy or the board shall cancel the agreement, and the provisions of Sections 831.2, 831.25, 831.4, and 831.7 shall no longer apply with regard to that public land trust.
(c) For the purposes of Sections 831.2, 831.25, 831.4, and 831.7, “public employee” includes an officer, authorized agent, or employee of any public land trust which is a public entity.
(Amended by Stats. 1990, Ch. 934, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Dangerous Conditions of Public Property › ARTICLE 1 - General › Section 831.6.

831.6. Neither the State nor an employee of the State is liable under this chapter for any injury caused by a condition of the unimproved and unoccupied portions of:
(a) The ungranted tidelands and submerged lands, and the beds of navigable rivers, streams, lakes, bays, estuaries, inlets and straits, owned by the State.
(b) The unsold portions of the 16th and 36th sections of school lands, the unsold portions of the 500,000 acres granted to the State for school purposes, and the unsold portions of the listed lands selected of the United States in lieu of the 16th and 36th sections and losses to the school grant.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Dangerous Conditions of Public Property › ARTICLE 1 - General › Section 831.7.5.

831.7.5. (a) A public entity that owns or operates a dog park shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in the dog park.
(b) This section shall not be construed to affect the liability of a public entity that exists under the law.
(c) “Public entity” has the same meaning as Section 811.2, and includes, but is not limited to, cities, counties, cities and counties, and special districts.
(Added by Stats. 2013, Ch. 74, Sec. 1. (AB 265) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Dangerous Conditions of Public Property › ARTICLE 2 - Liability of Public Entities › Section 835.

835. Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either:
(a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or
(b) The public entity had actual or constructive notice of the dangerous condition under Section 835.2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Dangerous Conditions of Public Property › ARTICLE 2 - Liability of Public Entities › Section 835.2.

835.2. (a) A public entity had actual notice of a dangerous condition within the meaning of subdivision (b) of Section 835 if it had actual knowledge of the existence of the condition and knew or should have known of its dangerous character.
(b) A public entity had constructive notice of a dangerous condition within the meaning of subdivision (b) of Section 835 only if the plaintiff establishes that the condition had existed for such a period of time and was of such an obvious nature that the public entity, in the exercise of due care, should have discovered the condition and its dangerous character. On the issue of due care, admissible evidence includes but is not limited to evidence as to:
(1) Whether the existence of the condition and its dangerous character would have been discovered by an inspection system that was reasonably adequate (considering the practicability and cost of inspection weighed against the likelihood and magnitude of the potential danger to which failure to inspect would give rise) to inform the public entity whether the property was safe for the use or uses for which the public entity used or intended others to use the public property and for uses that the public entity actually knew others were making of the public property or adjacent property.
(2) Whether the public entity maintained and operated such an inspection system with due care and did not discover the condition.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Dangerous Conditions of Public Property › ARTICLE 2 - Liability of Public Entities › Section 835.4.

835.4. (a) A public entity is not liable under subdivision (a) of Section 835 for injury caused by a condition of its property if the public entity establishes that the act or omission that created the condition was reasonable. The reasonableness of the act or omission that created the condition shall be determined by weighing the probability and gravity of potential injury to persons and property foreseeably exposed to the risk of injury against the practicability and cost of taking alternative action that would not create the risk of injury or of protecting against the risk of injury.
(b) A public entity is not liable under subdivision (b) of Section 835 for injury caused by a dangerous condition of its property if the public entity establishes that the action it took to protect against the risk of injury created by the condition or its failure to take such action was reasonable. The reasonableness of the action or inaction of the public entity shall be determined by taking into consideration the time and opportunity it had to take action and by weighing the probability and gravity of potential injury to persons and property foreseeably exposed to the risk of injury against the practicability and cost of protecting against the risk of such injury.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Dangerous Conditions of Public Property › ARTICLE 3 - Liability of Public Employees › Section 840.

840. Except as provided in this article, a public employee is not liable for injury caused by a condition of public property where such condition exists because of any act or omission of such employee within the scope of his employment. The liability established by this article is subject to any immunity of the public employee provided by statute and is subject to any defenses that would be available to the public employee if he were a private person.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Dangerous Conditions of Public Property › ARTICLE 3 - Liability of Public Employees › Section 840.2.

840.2. An employee of a public entity is liable for injury caused by a dangerous condition of public property if the plaintiff establishes that the property of the public entity was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either:
(a) The dangerous condition was directly attributable wholly or in substantial part to a negligent or wrongful act of the employee and the employee had the authority and the funds and other means immediately available to take alternative action which would not have created the dangerous condition; or
(b) The employee had the authority and it was his responsibility to take adequate measures to protect against the dangerous condition at the expense of the public entity and the funds and other means for doing so were immediately available to him, and he had actual or constructive notice of the dangerous condition under Section 840.4 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Dangerous Conditions of Public Property › ARTICLE 3 - Liability of Public Employees › Section 840.4.

840.4. (a) A public employee had actual notice of a dangerous condition within the meaning of subdivision (b) of Section 840.2 if he had actual personal knowledge of the existence of the condition and knew or should have known of its dangerous character.
(b) A public employee had constructive notice of a dangerous condition within the meaning of subdivision (b) of Section 840.2 only if the plaintiff establishes (1) that the public employee had the authority and it was his responsibility as a public employee to inspect the property of the public entity or to see that inspections were made to determine whether dangerous conditions existed in the public property, (2) that the funds and other means for making such inspections or for seeing that such inspections were made were immediately available to the public employee, and (3) that the dangerous condition had existed for such a period of time and was of such an obvious nature that the public employee, in the exercise of his authority and responsibility with due care, should have discovered the condition and its dangerous character.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Dangerous Conditions of Public Property › ARTICLE 3 - Liability of Public Employees › Section 840.6.

840.6. (a) A public employee is not liable under subdivision (a) of Section 840.2 for injury caused by a dangerous condition of public property if he establishes that the act or omission that created the condition was reasonable. The reasonableness of the act or omission that created the condition shall be determined by weighing the probability and gravity of potential injury to persons and property foreseeably exposed to the risk of injury against the practicability and cost of taking alternative action that would not create the risk of injury or of protecting against the risk of injury.
(b) A public employee is not liable under subdivision (b) of Section 840.2 for injury caused by a dangerous condition of public property if he establishes that the action taken to protect against the risk of injury created by the condition or the failure to take such action was reasonable. The reasonableness of the inaction or action shall be determined by taking into consideration the time and opportunity the public employee had to take action and by weighing the probability and gravity of potential injury to persons and property foreseeably exposed to the risk of injury against the practicability and cost of protecting against the risk of such injury.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Police and Correctional Activities › Section 844.

844. As used in this chapter, “prisoner” includes an inmate of a prison, jail, or penal or correctional facility. For the purposes of this chapter, a lawfully arrested person who is brought into a law enforcement facility for the purpose of being booked, as described in Section 7 of the Penal Code, becomes a prisoner, as a matter of law, upon his or her initial entry into a prison, jail, or penal or correctional facility, pursuant to penal processes.
(Amended by Stats. 1996, Ch. 395, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Police and Correctional Activities › Section 844.6.

844.6. (a) Notwithstanding any other provision of this part, except as provided in this section and in Sections 814, 814.2, 845.4, and 845.6, or in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code, a public entity is not liable for:
(1) An injury proximately caused by any prisoner.
(2) An injury to any prisoner.
(b) Nothing in this section affects the liability of a public entity under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code.
(c) Except for an injury to a prisoner, nothing in this section prevents recovery from the public entity for an injury resulting from the dangerous condition of public property under Chapter 2 (commencing with Section 830) of this part.
(d) Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission. The public entity may but is not required to pay any judgment, compromise or settlement, or may but is not required to indemnify any public employee, in any case where the public entity is immune from liability under this section; except that the public entity shall pay, as provided in Article 4 (commencing with Section 825) of Chapter 1 of this part, any judgment based on a claim against a public employee who is lawfully engaged in the practice of one of the healing arts under any law of this state for malpractice arising from an act or omission in the scope of his employment, and shall pay any compromise or settlement of a claim or action, based on such malpractice, to which the public entity has agreed.
(Amended by Stats. 1977, Ch. 1250.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Police and Correctional Activities › Section 845.

845. Neither a public entity nor a public employee is liable for failure to establish a police department or otherwise to provide police protection service or, if police protection service is provided, for failure to provide sufficient police protection service.
A police department shall not fail to respond to a request for service via a burglar alarm system or an alarm company referral service solely on the basis that a permit from the city has not been obtained.
(Amended by Stats. 1992, Ch. 547, Sec. 1. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Police and Correctional Activities › Section 845.2.

845.2. Except as provided in Chapter 2 (commencing with Section 830), neither a public entity nor a public employee is liable for failure to provide a prison, jail or penal or correctional facility or, if such facility is provided, for failure to provide sufficient equipment, personnel or facilities therein.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Police and Correctional Activities › Section 845.4.

845.4. Neither a public entity nor a public employee acting within the scope of his employment is liable for interfering with the right of a prisoner to obtain a judicial determination or review of the legality of his confinement; but a public employee, and the public entity where the employee is acting within the scope of his employment, is liable for injury proximately caused by the employee’s intentional and unjustifiable interference with such right, but no cause of action for such injury shall be deemed to accrue until it has first been determined that the confinement was illegal.
(Amended by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Police and Correctional Activities › Section 845.6.

845.6. Neither a public entity nor a public employee is liable for injury proximately caused by the failure of the employee to furnish or obtain medical care for a prisoner in his custody; but, except as otherwise provided by Sections 855.8 and 856, a public employee, and the public entity where the employee is acting within the scope of his employment, is liable if the employee knows or has reason to know that the prisoner is in need of immediate medical care and he fails to take reasonable action to summon such medical care. Nothing in this section exonerates a public employee who is lawfully engaged in the practice of one of the healing arts under any law of this state from liability for injury proximately caused by malpractice or exonerates the public entity from its obligation to pay any judgment, compromise, or settlement that it is required to pay under subdivision (d) of Section 844.6.
(Amended by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Police and Correctional Activities › Section 845.8.

845.8. Neither a public entity nor a public employee is liable for:
(a) Any injury resulting from determining whether to parole or release a prisoner or from determining the terms and conditions of his parole or release or from determining whether to revoke his parole or release.
(b) Any injury caused by:
(1) An escaping or escaped prisoner;
(2) An escaping or escaped arrested person; or
(3) A person resisting arrest.
(Amended by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Police and Correctional Activities › Section 846.

846. Neither a public entity nor a public employee is liable for injury caused by the failure to make an arrest or by the failure to retain an arrested person in custody.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Fire Protection › Section 850.

850. Neither a public entity nor a public employee is liable for failure to establish a fire department or otherwise to provide fire protection service.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Fire Protection › Section 850.2.

850.2. Neither a public entity that has undertaken to provide fire protection service, nor an employee of such a public entity, is liable for any injury resulting from the failure to provide or maintain sufficient personnel, equipment or other fire protection facilities.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Fire Protection › Section 850.4.

850.4. Neither a public entity, nor a public employee acting in the scope of his employment, is liable for any injury resulting from the condition of fire protection or firefighting equipment or facilities or, except as provided in Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code, for any injury caused in fighting fires.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Fire Protection › Section 850.6.

850.6. (a) Whenever a public entity provides fire protection or firefighting service outside of the area regularly served and protected by the public entity providing that service, the public entity providing the service is liable for any injury for which liability is imposed by statute caused by its act or omission or the act or omission of its employee occurring in the performance of that fire protection or firefighting service. Notwithstanding any other law, the public entity receiving the fire protection or firefighting service is not liable for any act or omission of the public entity providing the service or for any act or omission of an employee of the public entity providing the service; but the public entity providing the service and the public entity receiving the service may by agreement determine the extent, if any, to which the public entity receiving the service will be required to indemnify the public entity providing the service.
(b) Notwithstanding any other provision of this section, any claims against the state shall be presented to the Department of General Services in accordance with Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1.
(Amended by Stats. 2016, Ch. 31, Sec. 33. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Fire Protection › Section 850.8.

850.8. Any member of an organized fire department, fire protection district, or other firefighting unit of either the state or any political subdivision, any employee of the Department of Forestry and Fire Protection, or any other public employee when acting in the scope of his or her employment, may transport or arrange for the transportation of any person injured by a fire, or by a fire protection operation, to a physician and surgeon or hospital if the injured person does not object to the transportation.
Neither a public entity nor a public employee is liable for any injury sustained by the injured person as a result of or in connection with that transportation or for any medical, ambulance, or hospital bills incurred by or in behalf of the injured person or for any other damages, but a public employee is liable for injury proximately caused by his or her willful misconduct in transporting the injured person or arranging for the transportation.
(Amended by Stats. 1992, Ch. 427, Sec. 45. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4.5 - Unmanned Aircraft › Section 853.

853. A local public entity or public employee of a local public entity shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any of the following emergency services:
(a) Emergency medical services or ambulance transport services, including, but not limited to, air ambulance services.
(b) Firefighting or firefighting-related services, including, but not limited to, air services related to firefighting or firefighting-related services.
(c) Search and rescue services, including, but not limited to, air search and rescue services.
(Added by Stats. 2016, Ch. 834, Sec. 2. (SB 807) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4.5 - Unmanned Aircraft › Section 853.1.

853.1. The immunity provided by this chapter is in addition to any other immunity provided to a local public entity or public employee of a local public entity under law.
(Added by Stats. 2016, Ch. 834, Sec. 2. (SB 807) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4.5 - Unmanned Aircraft › Section 853.5.

853.5. The following definitions shall apply to this chapter:
(a) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
(b) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system.
(Added by Stats. 2016, Ch. 834, Sec. 2. (SB 807) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 854.

854. As used in this chapter, unless the context otherwise requires, “medical facility” includes a hospital, infirmary, clinic, dispensary, mental institution, or similar facility.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 854.1.

854.1. (a) It is the intent of the Legislature to ensure continuity of care for individuals with developmental disabilities transitioning from a developmental center to the community and to prevent the unnecessary institutionalization and hospitalization of these individuals.
(b) In the effort to achieve these goals, it is the intent of the Legislature to seek and implement recommendations that include all of the following services to retain developmental center staff as employees:
(1) Crisis management teams that provide behavioral, medical, and dental treatment, training, and technical assistance.
(2) Specialized services, including adaptive equipment design and fabrication, and medical, dental, psychological, and assessment services.
(3) Staff support in community homes to assist individuals with behavioral or psychiatric needs.
(c) As used in this chapter, the terms “mental institution” or “medical facility” also include a developmental services facility. For the purposes of this chapter “developmental services facility” means any facility or place where a public employee provides services and supports to individuals transitioning from a developmental center to the community or to individuals with developmental disabilities at risk of admission to a developmental center, an institution for mental disease, an out-of-state placement, a general acute care hospital, or an acute psychiatric hospital.
(Amended by Stats. 2014, Ch. 30, Sec. 1. (SB 856) Effective June 20, 2014.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 854.2.

854.2. As used in this chapter, “mental institution” means a state hospital for the care and treatment of persons with mental health disorders or intellectual disabilities, the California Rehabilitation Center referred to in Section 3300 of the Welfare and Institutions Code, or a county psychiatric hospital.
(Amended by Stats. 2014, Ch. 144, Sec. 15. (AB 1847) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 854.3.

854.3. As used in this chapter, “county psychiatric hospital” means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100 of the Welfare and Institutions Code.
(Added by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 854.4.

854.4. As used in this chapter, “mental illness or addiction” means any condition for which a person may be detained, cared for, or treated in a mental institution, in a facility designated by a county pursuant to Chapter 2 (commencing with Section 5150) of Part 1 of Division 5 of the Welfare and Institutions Code, or in a similar facility.
(Amended by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 854.5.

854.5. As used in this chapter, “confine” includes admit, commit, place, detain, or hold in custody.
(Added by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 854.8.

854.8. (a) Notwithstanding any other provision of this part, except as provided in this section and in Sections 814, 814.2, 855, and 855.2, a public entity is not liable for:
(1) An injury proximately caused by a patient of a mental institution.
(2) An injury to an inpatient of a mental institution.
(b) Nothing in this section affects the liability of a public entity under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code.
(c) Except for an injury to an inpatient of a mental institution, nothing in this section prevents recovery from the public entity for an injury resulting from the dangerous condition of public property under Chapter 2 (commencing with Section 830) of this part.
(d) Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission. The public entity may but is not required to pay any judgment, compromise or settlement, or may but is not required to indemnify any public employee, in any case where the public entity is immune from liability under this section; except that the public entity shall pay, as provided in Article 4 (commencing with Section 825) of Chapter 1 of this part, any judgment based on a claim against a public employee who is lawfully engaged in the practice of one of the healing arts under any law of this state for malpractice arising from an act or omission in the scope of his employment, and shall pay any compromise or settlement of a claim or action, based on such malpractice, to which the public entity has agreed.
(Amended by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 855.

855. (a) A public entity that operates or maintains any medical facility that is subject to regulation by the State Department of Health Services, Social Services, Developmental Services, or Mental Health is liable for injury proximately caused by the failure of the public entity to provide adequate or sufficient equipment, personnel or facilities required by any statute or any regulation of the State Department of Health Services, Social Services, Developmental Services, or Mental Health prescribing minimum standards for equipment, personnel or facilities, unless the public entity establishes that it exercised reasonable diligence to comply with the applicable statute or regulation.
(b) A public entity that operates or maintains any medical facility that is not subject to regulation by the State Department of Health Services, Social Services, Developmental Services, or Mental Health is liable for injury proximately caused by the failure of the public entity to provide adequate or sufficient equipment, personnel or facilities substantially equivalent to those required by any statute or any regulation of the State Department of Health Services, Social Services, Developmental Services, or Mental Health prescribing minimum standards for equipment, personnel or facilities applicable to a public medical facility of the same character and class, unless the public entity establishes that it exercised reasonable diligence to conform with such minimum standards.
(c) Nothing in this section confers authority upon, or augments the authority of, the State Department of Health Services, Social Services, Developmental Services, or Mental Health to adopt, administer or enforce any regulation. Any regulation establishing minimum standards for equipment, personnel or facilities in any medical facility operated or maintained by a public entity, to be effective, must be within the scope of authority conferred by law.
(Amended by Stats. 1978, Ch. 429.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 855.2.

855.2. Neither a public entity nor a public employee acting within the scope of his employment is liable for interfering with the right of an inmate of a medical facility operated or maintained by a public entity to obtain a judicial determination or review of the legality of his confinement; but a public employee, and the public entity where the employee is acting within the scope of his employment, is liable for injury proximately caused by the employee’s intentional and unjustifiable interference with such right, but no cause of action for such injury shall be deemed to accrue until it has first been determined that the confinement was illegal.
(Amended by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 855.4.

855.4. (a) Neither a public entity nor a public employee is liable for an injury resulting from the decision to perform or not to perform any act to promote the public health of the community by preventing disease or controlling the communication of disease within the community if the decision whether the act was or was not to be performed was the result of the exercise of discretion vested in the public entity or the public employee, whether or not such discretion be abused.
(b) Neither a public entity nor a public employee is liable for an injury caused by an act or omission in carrying out with due care a decision described in subdivision (a).
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 855.6.

855.6. Except for an examination or diagnosis for the purpose of treatment, neither a public entity nor a public employee acting within the scope of his employment is liable for injury caused by the failure to make a physical or mental examination, or to make an adequate physical or mental examination, of any person for the purpose of determining whether such person has a disease or physical or mental condition that would constitute a hazard to the health or safety of himself or others.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 855.8.

855.8. (a) Neither a public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted with mental illness or addiction or from failing to prescribe for mental illness or addiction.
(b) A public employee acting within the scope of his employment is not liable for administering with due care the treatment prescribed for mental illness or addiction.
(c) Nothing in this section exonerates a public employee who has undertaken to prescribe for mental illness or addiction from liability for injury proximately caused by his negligence or by his wrongful act in so prescribing.
(d) Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in administering any treatment prescribed for mental illness or addiction.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 856.

856. (a) Neither a public entity nor a public employee acting within the scope of his employment is liable for any injury resulting from determining in accordance with any applicable enactment:
(1) Whether to confine a person for mental illness or addiction.
(2) The terms and conditions of confinement for mental illness or addiction.
(3) Whether to parole, grant a leave of absence to, or release a person confined for mental illness or addiction.
(b) A public employee is not liable for carrying out with due care a determination described in subdivision (a).
(c) Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in carrying out or failing to carry out:
(1) A determination to confine or not to confine a person for mental illness or addiction.
(2) The terms or conditions of confinement of a person for mental illness or addiction.
(3) A determination to parole, grant a leave of absence to, or release a person confined for mental illness or addiction.
(Amended by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 856.2.

856.2. (a) Neither a public entity nor a public employee is liable for:
(1) An injury caused by an escaping or escaped person who has been confined for mental illness or addiction.
(2) An injury to, or the wrongful death of, an escaping or escaped person who has been confined for mental illness or addiction.
(b) Nothing in this section exonerates a public employee from liability:
(1) If he acted or failed to act because of actual fraud, corruption, or actual malice.
(2) For injuries inflicted as a result of his own negligent or wrongful act or omission on an escaping or escaped mental patient in recapturing him.
(Amended by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 856.4.

856.4. Except as provided in Section 815.6, neither a public entity nor a public employee acting in the scope of his employment is liable for an injury resulting from the failure to admit a person to a public medical facility.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Medical, Hospital and Public Health Activities › Section 856.6.

856.6. (a) A public entity, public employee, or volunteer, participating in the National Influenza Program of 1976, shall not be liable for an injury caused by an act or omission in the promotion of a community program or the administration of vaccine in a community program, including the residual effects of the vaccine, unless the act or omission constitutes willful misconduct.
(b) All promotions of a community program and oral and written information provided for purposes of consent to a person requesting inoculation shall contain notice of the provisions of subdivision (a) of this section. In the event the person to be inoculated is a minor, the parents or legal guardian of said minor must be informed orally or in writing of the provisions of subdivision (a) of this section and said parents or legal guardian must consent in writing to the inoculation of said minor person. The State Department of Health shall prescribe a form to be used in community programs which notifies a person of the provisions of subdivision (a) and contains a provision by which the person acknowledges that he has been so notified and understands the legal effect of the subdivision.
(c) As used in the section:
(1) “Community program” means a public program conducted by a state, city, county, or district health agency under the National Influenza Program of 1976 or a public or private organization which has entered into a contract with a state, city, county, or district health agency, with the approval of the State Department of Health, to provide services pursuant to the National Influenza Program of 1976.
(2) “Volunteer” means a licensed health professional, licensed health facility, organization, or individual participating in a community program.
(d) Notwithstanding any other provision of law, an individual authorized by the State Department of Health may administer influenza vaccine under the supervision of a licensed health professional in a community program using a jet injection apparatus.
(Added by Stats. 1976, Ch. 427.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 6 - Administration of Tax Laws › Section 860.

860. As used in this chapter, “tax” includes a tax, assessment, fee or charge.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 6 - Administration of Tax Laws › Section 860.2.

860.2. Neither a public entity nor a public employee is liable for an injury caused by:
(a) Instituting any judicial or administrative proceeding or action for or incidental to the assessment or collection of a tax.
(b) An act or omission in the interpretation or application of any law relating to a tax.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 6 - Administration of Tax Laws › Section 860.4.

860.4. Nothing in this chapter affects any law relating to refund, rebate, exemption, cancellation, amendment or adjustment of taxes.
(Added by Stats. 1963, Ch. 1681.)