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  • Dangerous Condition of Public Property

  • This cause of action may be maintained against a government or government agency, and cannot be alleged against a private individual or corporation. This action may be maintained if government property creates a substantial risk of injury, even when the governmental property is used properly and in a way which it was intended to be used.

    For example, if a government constructs a flood control project, and it is reasonably foreseeable that this project could cause damage to adjoining landowners, and that government properly uses the flood control project in a manner in which it was intended ­ and damage in fact occurs, that government or government agency can be held liable for a Dangerous Condition of Public Property.