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Gov. Code 831.7

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Carr v. City of City of Newport Beach (2023) 94 Cal.App.5th 1199

Diving into water is a hazardous recreational activity if done (a) from other than a diving board or diving platform, or (b) at any place or from any structure where diving is prohibited if warning of the prohibition is given.  Government entities are immune from liability for injury suffered from engaging in such activities under Gov. Code 831.7.  This decision… Read More

Altizer v. Coachella Valley Conservation Com. (2023) 94 Cal.App.5th 749

Plaintiff was injured while riding an off-road motorcycle in an unpaved and unoccupied area of the desert, where defendant maintained a wildlife preserve which it surrounded by a cable fence to stop illegal dumping and off-road vehicles from disturbing the fragile habitat.  Plaintiff ran into the fence.  Held, defendant is immune from liability under Gov. Code 831.7, which immunizes public… Read More