Bergman Dacey Goldsmith

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August 2019 Archives

Court Decisions Limit Public Entity Liability for Inverse Condemnation and Dangerous Conditions of Public Property

In two recent cases, courts considered the actions of private parties in determining that public entities were not liable for inverse condemnation or dangerous conditions of public property. In City of Oroville v. Superior Court, 2019 Cal. LEXIS 5950, the court clarified that inverse condemnation is not "strict liability." "Instead, a court reviewing an inverse condemnation claim arising from sewage overflow must consider whether the damages to private property were the direct and necessary effect of the inherent risks posed by the public improvement as deliberately designed, constructed, or maintained. And in a case like this, a reviewing court must also assess whether the damages were the result of a risk created not by the public improvement, but by the acts of the private property owner. A causal connection between the public improvement and the property damage alone is insufficient to sustain a finding of inverse condemnation liability." Id. at 28 [fn omitted, emphasis added].

Shareholder Brian Bergman Named Co-Chair of BHBA LITIGATION Section

Managing shareholder Brian Bergman has been named the Co-Chair of the Litigation Section of the Beverly Hills Bar Association. The Beverly Hills Bar Association is nationally recognized as a leading bar association, and as an active, activist group. The BHBA develops leadership qualities within our membership, and in our willingness to take action to uphold and enhance the law - in our own communities, and beyond. The Litigation Section provides litigators the resources needed to become successful advocates and offers opportunities for business development, networking, and superior educational programs to advance the litigation practice.

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