anaging Risk

Summertime blues

so failed to leave, for any damage or injury to property or QFSTPOTBSJTJOHPVUPGUIBUIB[BSEPVTSFDSFBUJPOBMBDUJWJUZ (b) As used in this section, “hazardous recreational activity” means a recreational activity conducted on property of a public entity that creates a substantial, as distinguished from a minor, trivial, or insignificant, risk of injury to a participant or a spectator.

i)B[BSEPVTSFDSFBUJPOBMBDUJWJUZwBMTPNFBOT

 8BUFSDPOUBDUBDUJWJUJFT FYDFQUEJWJOH JO places where, or at a time when, lifeguards are not provided and reasonable warning thereof has been given, or the injured party should SFBTPOBCMZIBWFLOPXOUIBUUIFSFXBTOP As spring has finally arrived and summer lifeguard provided at the time. will soon be upon us, there is an increasing (2) Any form of into water from other than a demand from the public for greater access diving board or diving platform, or at any place to recreational activities either provided or from any structure where diving is prohibited and reasonable warning thereof has been given. by or sponsored by local agencies. Such (3) Animal riding, including equestrian activities as youth/adult recreational / , , bicycle racing or jumping, leagues; ; hiking; access to bicycle motocross, mountain bicycling, boating, public lands/trails for recreational use. How DSPTTDPVOUSZBOEEPXOIJMMTLJJOH IBOH does your agency manage its recreational HMJEJOH LBZBLJOH NPUPSJ[FEWFIJDMFSBDJOH  exposure? In this issue we will identify the PêSPBENPUPSDZDMJOHPSGPVSXIFFMESJWJOH PGBOZLJOE PSJFOUFFSJOH QJTUPMBOESJìF various Recreational Immunities available to TIPPUJOH SPDLDMJNCJOH SPDLFUFFSJOH SPEFP  your public entity to allow both you and your TFMGDPOUBJOFEVOEFSXBUFSCSFBUIJOHBQQBSBUVT Board a happy, stress free recreational spring 4$6#" EJWJOH TQFMVOLJOH TLZEJWJOH TQPSU and summer. , , body contact sports, , trampolining, tree climbing, tree rope TXJOHJOH XBUFSTLJJOH XIJUFXBUFSSBGUJOH  8IBUJTBA)B[BSEPVT3FDSFBUJPOBM"DUJWJUZ  and windsurfing. For the purposes of this $BMJGPSOJB(PWFSONFOU$PEFfTUBUFTJOQBSU subdivision, “mountain bicycling” does not include riding a bicycle on paved pathways, (a) Neither a public entity nor a public employee is liable SPBEXBZT PSTJEFXBMLT'PSUIFQVSQPTFPGUIJT UPBOZQFSTPOXIPQBSUJDJQBUFTJOBIB[BSEPVTSFDSFBUJPOBM paragraph, “body contact sports” means sports activity, including any person who assists the participant, in which it is reasonably foreseeable that there PSUPBOZTQFDUBUPSXIPLOFXPSSFBTPOBCMZTIPVMEIBWF will be rough bodily contact with one or more LOPXOUIBUUIFIB[BSEPVTSFDSFBUJPOBMBDUJWJUZDSFBUFE participants. BTVCTUBOUJBMSJTLPGJOKVSZUPIJNTFMGPSIFSTFMGBOEXBT WPMVOUBSJMZJOUIFQMBDFPGSJTL PSIBWJOHUIFBCJMJUZUPEP

A proud California Special Districts Alliance partner.

42 Officers Consultants SDRMA Staff David Aranda, President Lauren Brant, Public Financial Management Gregory S. Hall, ARM, Chief Executive Officer Jean Bracy, Vice President, Mojave Desert Air Quality Ann Siprelle, Best Best & Krieger, LLP C. Paul Frydendal, CPA, Chief Operating Officer Management District David McMurchie, McMurchie Law %FOOJT5JNPOFZ "3. $IJFG3JTL0ïDFS Ed Gray, Secretary, Chino Valley Independent Fire District +PIO"MMUPQ #JDLNPSF3JTL4FSWJDFT$POTVMUJOH Ellen Doughty, Chief Member Services Officer $IBSJDF)VOUMFZ 3JWFS$JUZ#BOL %FCSB:PLPUB $MBJNT.BOBHFS Special District Risk James Marta, CPA, Auditor )FBUIFSɨPNTPO $1" 'JOBODF.BOBHFS Management Authority Members of the Board Karl Snearer, Apex Insurance Agency 8FOEZ5VDLFS 4FOJPS.FNCFS4FSWJDFT4QFDJBMJTU 1112 I Street, Suite 300 5FSSZ#VSLIBSU #JHIPSO%FTFSU7JFX8BUFS"HFODZ %PVH8P[OJBL "MMJBOU*OTVSBODF4FSWJDFT *OD Danny Pena, Senior Claims Examiner Sacramento, CA 95814 Muril Clift, Cambria Community Services District "MBOB#BU[JBOJT )3)FBMUI#FOFëUT4QFDJBMJTU** tel: 800.537.7790 Sandy Raffleson, Herlong Public Utility District Jennifer Ng, Claims Examiner I Michael Scheafer, Costa Mesa Sanitary District Shawn Vang, Accountant www.sdrma.org Rajnish Raj, Accounting Technician Rachel Saldana, Administrative Assistant

What is Primary Assumption Recreational Access to Trails and an easement of way which has of Risk doctrine? Undeveloped Public Lands been granted to a public entity, 831.2. which easement provides access "TTVNQUJPOPGSJTLDBOCFFJUIFS Neither a public entity nor a public employee is liable for to any unimproved property, “primary” or “secondary.” Primary an injury caused by a natural condition of any unimproved so long as such public entity BTTVNQUJPOPGSJTLSFGFSTUPJOTUBODFT public property, including but not limited to any natural shall reasonably attempt to where “there is ‘no duty’ on the DPOEJUJPOPGBOZMBLF TUSFBN CBZ SJWFSPSCFBDI provide adequate warnings of part of the defendant to protect the the existence of any condition QMBJOUJêGSPNBQBSUJDVMBSSJTLw 831.21. PGUIFQBWFEUSBJM XBMLXBZ  (Knight v. Jewett  $BMUI (a) Public beaches shall be deemed to be in a natural QBUI PSTJEFXBMLXIJDI   1SJNBSZBTTVNQUJPO condition and unimproved notwithstanding the provision DPOTUJUVUFTBIB[BSEUPIFBMUI PGSJTLJTBDPNQMFUFEFGFOTFBOE or absence of public safety services such as lifeguards, police or safety. Warnings required by bars a plaintiff’s claim for relief in its or sheriff patrols, medical services, fire protection services, this subdivision shall only be FOUJSFUZɨJOLPGTVDISFDSFBUJPOBM CFBDIDMFBOVQTFSWJDFT PSTJHOTɨFQSPWJTJPOTPGUIJT required where pathways are BDUJWJUJFTBTTPGUCBMM IJLJOH FUD section shall apply only to natural conditions of public paved, and such requirement 4FDPOEBSZBTTVNQUJPOPGSJTLSFGFST property and shall not limit any liability or immunity that shall not be construed to be to situations in which “the defendant may otherwise exist pursuant to this division. a standard of care for any does owe a duty of care to the unpaved pathways or roads. QMBJOUJêCVUUIFQMBJOUJêLOPXJOHMZ 831.25. FODPVOUFSTBSJTLPGJOKVSZDBVTFE (a) Neither a public entity nor a public employee is Dog Parks, Anyone? by the defendant’s breach of that liable for any damage or injury to property, or for 831.7.5. duty.” Secondary assumption of emotional distress unless the plaintiff has suffered (a) A public entity that owns or SJTLIBTCFFOTVCTVNFEJOUPUIF substantial physical injury, off the public entity’s PQFSBUFTBEPHQBSLTIBMMOPUCF doctrine of comparative fault, and property caused by land failure of any unimproved held liable for injury or death is not a complete bar to recovery.As public property if the land failure was caused by a of a person or pet resulting the California Supreme Court has natural condition of the unimproved public property. solely from the actions of a dog explained, in determining whether JOUIFEPHQBSL the defendant owed the plaintiff a 831.4. C ɨJTTFDUJPOTIBMMOPUCF legal duty to protect plaintiff from A public entity, public employee, or a grantor of construed to affect the liability UIFQBSUJDVMBSSJTLUIBUDBVTFEIFS a public easement to a public entity for any of the of a public entity that exists harm, and thus whether primary following purposes, is not liable for an injury caused by under the law. BTTVNQUJPOPGUIFSJTLBQQMJFTBOE a condition of: (c) “Public entity” has the same bars plaintiff’ recovery, the court (a) Any unpaved road which provides access to NFBOJOHBT4FDUJPO BOE NVTUMPPLUPiUIFOBUVSFPGUIF ëTIJOH IVOUJOH DBNQJOH IJLJOH SJEJOH  includes, but is not limited activity and the parties’ relationship including animal and all types of vehicular riding, to, cities, counties, cities and UPUIFBDUJWJUZwɨJTJTBOPCKFDUJWF water sports, recreational or scenic areas and counties, and special districts. test, rather than a subjective one. XIJDIJTOPUB  DJUZTUSFFUPSIJHIXBZPS   ɨFSFGPSF UIFJTTVFPGUIFQMBJOUJêT county, state or federal highway or (3) public For more information or to discuss SFBTPOBCMFOFTTJOBTTVNJOHUIFSJTL street or highway of a joint highway district, your agency’s specific risk needs, please JTJSSFMFWBOUɨJTJORVJSZOFDFTTBSJMZ boulevard district, bridge and highway district or contact SDRMA Chief Risk Officer JOWPMWFTBGBDUTQFDJëD DBTFCZDBTF similar district formed for the improvement or Dennis Timoney at 800.537.7790 analysis. building of public streets or highways. or email Dennis your question at (b) Any trail used for the above purposes. [email protected]. D "OZQBWFEUSBJM XBMLXBZ QBUI PSTJEFXBMLPO

California Special District – May-June 2015