Guam § 3104 - Liability of Officer for Damage or Injury From Defective or

§ 3104. Liability of Officer for Damage or Injury From Defective or

Dangerous Condition of Public Property.

No officer of a local government body is liable for any damage or

injury to any person or property resulting from the defective or dangerous

condition of any public property, unless all of the following first appear:

(a) The injury sustained was the direct and proximate result of

such defective or dangerous condition.

(b) The officer had notice of such defective or dangerous

condition or such defective or dangerous condition was directly

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attributable to work done by him, or under his direction, in a negligent,

careless or unworkmanlike manner.

(c) He had authority and it was his duty to remedy such

condition at the expense of the local governing body and that funds for

that purpose were immediately available to him.

(d) Within a reasonable time after receiving such notice and

being able to remedy such condition, he failed to take reasonable steps

to give adequate warning of such condition.

(e) The damage or injury was sustained while such public

property was being carefully used, and due care was being exercised to

avoid the danger due to such condition.