How To Prove A California Design Immunity Defense

 

How To Prove A California Design Immunity Defense

 

In California, a defense of Design Immunity is defined as:

Design immunity occurs when a plan or design of a certain project followed reasonable standards and precautions.

It simply means:

The damage caused by the project or highway is not traceable from the defendant to the plaintiff

There are 3 elements of the defense:

  • Element 1. There was a causal relationship between a plan or design and an accident. A causal relationship between a plan or design and an accident means that the way something was designed directly led to the accident happening, showing that the design itself was responsible for the incident.

    Facts that might support this element look like:

    * The design of the intersection lacked adequate signage, which contributed to the driver’s confusion and subsequent accident.
    * The road’s curvature was not properly accounted for in the design, leading to reduced visibility and increased risk of collisions.
    * The drainage system was designed inadequately, causing water accumulation that resulted in slippery road conditions during rainstorms.
    * The absence of guardrails on the steep embankment was a direct result of the design plan, which failed to prioritize safety measures.
    * The traffic signal timing was designed without considering peak traffic hours, leading to increased congestion and a higher likelihood of accidents.

  • Element 2. There was discretionary approval of the plan or design prior to construction. Discretionary approval means that a government agency carefully reviewed and chose to approve a construction plan or design, allowing for some judgment in the decision-making process, which can help protect them from liability if issues arise later.

    Facts that might support this element look like:

    * The city council reviewed and approved the proposed design plans during a public meeting held on March 15, 2022.
    * The planning department issued a formal letter of approval for the project, indicating compliance with all relevant safety standards and regulations.
    * An independent engineering firm conducted a thorough review of the design and provided a written endorsement prior to the commencement of construction.
    * The project underwent multiple rounds of revisions based on feedback from city officials, culminating in final approval on June 10, 2022.
    * Documentation shows that the design was evaluated and approved by the city’s design review board, confirming adherence to established guidelines.

  • Element 3. There was substantial evidence supporting the reasonableness of the plan or design. Substantial evidence supporting the reasonableness of a plan or design means there is strong proof showing that the choices made in creating a project were sensible and well thought out, which can help protect the designers from legal claims if something goes wrong.

    Facts that might support this element look like:

    * The design of the roadway was based on comprehensive traffic studies that indicated the chosen layout would effectively manage vehicle flow and enhance safety.
    * Expert testimony confirmed that the design adhered to all applicable engineering standards and best practices at the time of construction.
    * The planning process included public input, which was considered in the final design, demonstrating community engagement and support for the project.
    * The design was reviewed and approved by relevant governmental agencies, indicating compliance with regulatory requirements and industry norms.
    * Historical data showed a significant reduction in accidents following the implementation of the design, supporting its effectiveness and reasonableness.

(See Cornette v. Department of Transp., 26 P. 3d 332, 26 Cal. 4th 63, 109 Cal. Rptr. 2d 1 (cal. Supreme Court 2001).)
If you’re in court without a lawyer and plan to assert a Defense of Design Immunity, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your legal journey.

Prove Your CA Design Immunity Defense

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