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California Law (Last Updated: March 4, 2014) |
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Government Code - GOV |
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Title 1. GENERAL |
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Division 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES |
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Part 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES |
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Chapter 7. Use of Pesticides |
Section 862.
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(a) As used in this section, "pesticide" means:
(1) An "economic poison" as defined in Section 12753 of the Agricultural Code;
(2) An "injurious material" the use of which is regulated or prohibited under Chapter 3 (commencing with Section 14001) of Division 7 of the Agricultural Code; or
(3) Any material used for the same purpose as material referred to in paragraphs (1) and (2).
(b) A public entity is liable for injuries caused by its use of a pesticide to the same extent as a private person except that no presumption of negligence arises from the failure of a public entity or a public employee to comply with a provision of a statute or regulation relating to the use of a pesticide if the statute or regulation by its terms is made inapplicable to the public entity or the public employee.
(c) Sections 11761 to 11765 of the Agricultural Code, relating to reports of loss or damages from the use of pesticides, apply in an action against a public entity under this section.