Bicyclists Rights Against Public Entities, Immunities Shield Part III Bicycling And The Law

Bicyclists Rights Against Public Entities, Immunities Shield Part III

8+ y ago 15:06

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In today’s podcast, Richard L. Duquette shares the list of immunities that protect the government from a lawsuit. Tune in to Bicyclists Rights against Public Entities, Immunities Shield to help you decide how to proceed with your case!

A Careful Decision

The government enjoys various immunities to liability. Therefore, it is important to choose the right case before filing a claim.

Filing a lawsuit is risky compared to filing a claim, because of the consequences it entails. For this, make sure you have an experienced lawyer to defend your case.

List of Immunities

Recreational immunities – serves to ensure that public and private lands aren’t closed off to use, with exemption for gross negligence. (Civil Code 846, also known as The Recreational Use Statute; See Delta Farms Recreation District vs Superior Court of San Joaquin County 33 Cal. 3d 700 1983)
Design immunities – concerns road and other such designs intended for public use and welfare. (Hampton vs County of San Diego 62 Cal. 4th 340 2015)
Traffic control immunity – the government has the right to place traffic signs, secure right of ways, etc. (CA Government Code 830.4)
Natural and improved conditions – the government is not held responsible for injuries caused by a fallen tree. (CA Government Code 818 § 830.4, 831.2)
Discretionary immunity – judgment calls within the course or scope of employment. (CA Government Code 820.2)
Trails and roads – the government is not held responsible for issues and/or injuries acquired from a paid recreational activity. (Civil Code 846)
Paved trails are still trails – provides immunity for 3 categories of trails. (CA Government Code 831.4)

To hear about Bicyclists Rights against Public Entities, Immunities Shield, download and listen to the entire episode.

If you are short on time, here are the highlights of Bicyclists Rights against Public Entities, Immunities Shield:

Dealing with immunities? (1:55)

List of immunities? (3:53)

Immunity on unpaved roads? (7:18)

Three categories of trails? (8:40)

Significance of proper insurance? (11:54)

About Hawk Eye Road Hazards? (13:23)

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