Design Immunity May Not Shield A Public Entity From Liability Where It Failed To Warn Of A Known Danger

Can a public entity rely upon design immunity where the public entity failed to warn of a design element that resulted in a dangerous condition of a roadway? In Tansavatdi v. City of Rancho Palos Verdes (S267453) 60 Cal. App. 5th 423, the California Supreme Court examined whether the design immunity found in California Government Code section 830.6 extends to claims alleging that the public entity failed to warn of a design element that resulted in a dangerous condition and held that public entities still "retain a duty to warn of known dangers that the roadway presents to the public."

The California Government Claims Act (Gov. Code §§ 810, et seq.) provides that a government entity may be liable for creating a dangerous condition on its property or failing to protect against the dangerous condition when it had an opportunity to do so. However, the Government Code also provides for design immunity in situations where the alleged injuries or damages were caused by a