Public Entity Vicarious Liability and Strict Liability for Things

A person who sustained injuries in an accident involving a vehicle owned by a public entity sued the driver and the owner, alleging vicarious liability under general tort principles, but the lower court dismissed the action against the owner based on the specific liability regime applicable to public entities under administrative law, which required proof of fault. The high court quashed the decision, reasoning that the general principle of liability for property damage or injury caused by an object under one's custody, as codified in the Civil Code, is applicable to public entities unless a specific statutory provision explicitly excludes its application, and since the administrative law applicable to this type of accident did not contain an explicit exclusion, the general rule of strict liability for things was applicable against the public entity owner.