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HomeGovernment CodeDiv. 3.6Pt. 2Ch. 1Art. 2§ 816 National Guard Liability Exemption

§ 816 National Guard Liability Exemption

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 816 National Guard Liability Exemption

Key Takeaways

  • •If a member of the California National Guard gets hurt while doing certain federal duties, the state won't pay for it.
  • •This only applies to specific jobs listed in federal laws (like training or emergencies).
  • •The federal government handles these cases, not California.

Example

A National Guard member gets injured during a federal training exercise.

California won't be responsible for paying for their injuries because it happened during a federal job.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 816 National Guard Liability Exemption

A public entity is not liable for injury arising out of any activity conducted by a member of the California National Guard pursuant to Section 316, 502, 503, 504, or 505 of Title 32 of the United States Code and compensated pursuant to the Federal Tort Claims Act. It is the intent of the Legislature, in enacting this section, to conform state law regarding liability for activities of the National Guard to federal law as expressed in Public Law 97-124. (Added by Stats. 1982, Ch. 616, Sec. 1.)

Last verified: January 22, 2026

Key Terms

liabilityinjuryclaimtortlegislaturecalifornia national guardunited states codepublic law

Related Statutes

  • § 815.4 Public Entity Contractor Liability
  • § 905.2 State Claim Filing Rules
  • § 905.5 School Asbestos Liability Limits
  • § 965.6 State Tort Liability Payments
  • § 14612 Department Service Performance Standards

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 816.
View Official Source