County of San Mateo v. Superior Court

Although government entities are immunized from liability for injuries caused by the natural condition of any unimproved public property, a campground counts as an improvement; so child could sue county after he was injured by a  falling tree at a county-owned campsite.  Distinguishing Alana M. v. State of California (2016) 245 Cal.App.4th 1482, this case holds that triable issues of fact prevent summary judgment for the county in a suit brought against it by a child badly injured by a tree that fell on him while he was in a campsite in a county park.  Gov. Code 831.2 immunizes government entities from liability for injuries caused by the natural condition of any unimproved public property.  While the park was generally unimproved, the campsite was an improvement.  And there was evidence that construction and maintenance of the campsite adversely affected the nearby tree by compacting soil around its roots and depriving the topsoil of organic matter, thus leading to infection and ultimate death of the tree.

California Court of Appeal, First District, Division 2 (Stewart, J.); July 25, 2017; 2017 WL 3141190

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