Does section 831.2 of the California Code of Civil Procedure apply as a matter of law to a personal injury claim brought by a child mauled by a mountain lion?

California, United States of America


The following excerpt is from Cnty. of San Mateo v. Superior Court of San Mateo Cnty., 13 Cal.App.5th 724, 221 Cal.Rptr.3d 138 (Cal. App. 2017):

7 Another decision dealing with a transitory hazard, to which the County at oral argument likened this case, is Arroyo v. State of California (1995) 34 Cal.App.4th 755, 40 Cal.Rptr.2d 627, which held that section 831.2 applied as a matter of law to a personal injury suit brought by a child who was mauled by a mountain lion while walking on a hiking trail in a state park. Arroyo is irrelevant, though, because the question whether the property was "unimproved" was not at issue. (See id. at pp. 760761, 40 Cal.Rptr.2d 627.) The court merely held the lion was a natural condition, notwithstanding various arguments to the contrary. (See id. at pp. 761762, 764765, 40 Cal.Rptr.2d 627.)

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