Riverside, CA asked in Personal Injury for California

Q: I was injured going down a hill into the wash area of San Bernardino county in April 2022 I broke my ankle.

I had to have 2 surgeries and spent nearly 8 weeks in the hospital. I consulted many attorneys they all told me they wouldn't take the case because the the fact their was no safe stair or walk ways down into the wash area that meant I didn't injure myself at their negligence because it would indicate it wasn't a place the public had a right to be in in the first place then . However I was homeless living down there my husband is a vet we were waiting on housing from the local VA and had no choice .. the county police came down 2 x a week to help the homeless and recorded where we were therefore giving us permission to stay down there. Their was a road accessing it for vehicles actually made by the county and that's where I fell. My question is this if we were given permission by the county to be there how come it is not their obligation to provide a safe way down there to begin with anyway these are parts of the case I did not explain to other later?

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2 Lawyer Answers
William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: Under Government Code section 831.4, better known as “trail immunity,” public entities are generally immune from liability for injuries caused by a condition of a trail used for recreational purposes. The purpose of trail immunity is to encourage public entities to allow their property to be used for such purposes.

"Immunity" means that the government is not liable, even if you can provide that it was negligent or otherwise at fault.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: There is something called Trail Immunity that probably protects them.

Why should they be responsible for your action?

You took it upon yourself to go down a steep/dangerous/ not maintained hill.

The police seeing you does not mean they gave your permission or you had a right to be there or go down the hill.

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