Scope of Liability for a Public Entity

Pursuant the California Tort Claims Act, a public entity declares that except as otherwise provided by statute, a public entity is not liable for an injury. Even if the injury arises out of an act or omission of the public entity, a public employee, or any other person. However, public can still be liable for injuries under constitutionally created claims. For example, a public entity may be liable for injuries in the following examples:

(1) vicarious liability for acts and omissions of employees;

(2) liability for an injury proximately caused by the entity's failure to discharge a mandatory duty imposed by enactment;

(3) liability under specific provisions of the Tort Claims Act, such as sections imposing liability for dangerous conditions of public property; and ...

(4) liable under statutes such as inverse condemnation provisions.

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