Pacific Gas & Electric Co. v. Superior Court

Because a county charged admission for entry into a campground located inside a county-owned park, and PG&E maintained a power line to the campground’s bathroom, PG&E could not claim immunity for injuries suffered by the public in connection with the bathroom—even though PG&E received no portion of the campground feeCiv. Code 846’s fourth paragraph excepts from the section’s immunity for injuries suffered by the public’s recreational use of the defendant’s property liability for injuries suffered when permission to enter the property is granted for a consideration.  This decision holds that when the landowner grants permission to enter for a fee, there is no immunity from liability under section 846 even for owners of interests in the property who receive no portion of the fee charged.  Here, the county maintained a park and charged admission for entry into a campground in the park.  PG&E maintained a power line to the bathroom in the campground under a license from the county.  The decision holds that since the county charged an admission fee, PG&E could not claim an immunity from liability under Civ. Code 846 even though PG&E received none of the fee that the county charged.

California Court of Appeal, First District, Division 2 (Stewart, J.); April 5, 2017; 2017 WL 1247802

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