Why We Believe the Liability
of Public Access on the Rail Trail is Manageable.
It is our opinion that as a government agency, the SCCRTC's liability is low because it receives strong protection from the California State Tort Claims Act which specifically provides immunity on public unimproved land.
The SCCRTC has an agreement with Iowa Pacific Railroad to operate rail service. In our opinion, Iowa Pacific's liability would be substantially lowered if the farm roads were opened to recreation due to protection from the California Recreation Use Statute.
Lawsuits are always possible -- so as a firewall of protection, the SCCRTC of course needs insurance. But this insurance should be relatively inexpensive due to the State Tort Claims Act which makes a successful lawsuit very unlikely.