I. RECOMMENDATION:
It is recommended that the City Council reject the claim for damages presented by Astra Felder.
II. BACKGROUND:
Mrs. Felder filed a claim with the City of Coalinga (see attached) on August 29, 2021 for damage to personal property. The claim was sent to George Hills Company for review. After review and investigation of the claim it was determined the City did not have notice of a dangerous condition of public property prior to the occurrence of this incident.
III. DISCUSSION:
George Hills Company recommends the claim be rejected due to Government Code section 835 which applies to this claim and states that a public entity is not liable for damage or injury arising out of a dangerous condition of public property unless the public entity creates the dangerous condition or they have notice of the dangerous condition for a sufficient time prior to the occurrence of the damage or injury to have taken measures that would have prevented the damage or injury.
Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) The public entity had actual or constructive notice of the dangerous condition under Section 835.2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.
IV. ALTERNATIVES:
Accept claim as presented by Astra Felder.
V. FISCAL IMPACT:
The fiscal impact will be determined by Council decision.
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