INSIDE THIS ISSUE
JUNE 2017
It’s The Law TCSD Contacts Board Members Member Profile
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TRIATHLON CLUB OF SAN DIEGO
New Members 4 TCSD Gathering: Katherine Nichols 6 Weekly Workout Calendar 5 TCSD Conversation 7
Race Report: The Whiskey Coach’s Corner How to:
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TriNews
IT’S THE LAW: By Richard L. Duquette, Esq. BICYCLISTS’ RIGHTS AGAINST PUBLIC ENTITIES:
JUNE CLUB GATHERING
Potholes to Trails
Thursday, June 8th Special Guest
KATHERINE NICHOLS presented by Babbittville Radio Schedule: 5pm Food/Social/Expo 6:30 Club Announcements 7pm Feature Presentation Location: Function Smart
JUNE TCSD RACE CALENDAR Aquathlon Location: La Jolla Shores June 15, Thursday Beginner Triathlon June 17, Saturday Glorietta Bay, Coronado Refer to the Club’s website for complete activity listings and information.
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his three-part article focuses on imposing liability against state and local public entities in California. It does not address federal liability, which is governed by the Federal Tort Claims Act. The intent is to generally explain how bicyclists can protect themselves in a variety of situations, including when they face pitfalls such as governmental immunity. Part one addresses general principles of government liability and the procedural requirements for filing a claim. Part two discusses the different types of government tort claims. Part three will discuss the various immunities to liability that governments enjoy. Historically, public entities were immune from liability. This immunity was known as “sovereign immunity.” The idea behind this ancient doctrine was rooted in the divine right of kings, with the belief that when acting in his official capacity, “the king could do no wrong.” In the modern era this has changed. In 1963,
the California Tort Claims Act (CTCA) was created by legislation. Following a trend set by the courts that immunity should be the exception rather than the rule, the CTCA essentially says there is no public entity immunity except when allowed by statute. Part two of this series will address the situations where liability is imposed by statute, while part three will address the situations where immunity is the rule. The remainder of this installment will outline the procedural pitfalls involved in bringing such a claim. For San Diego, potholes can be report and document online on the city’s website; http://tiny.cc/e7ggly. So, assuming you have a meritorious case against a government entity and sovereign immunity does not apply, what happens next? There are a number of things you need to be aware of that make these cases procedurally more challenging than a case against a private entity. continued on page 14