Park Injury Liability: Who is Responsible?
Parks are a place for relaxation, recreation, and hanging out with family and friends. But when there’s an accident at a city park, the aftermath can be anything but peaceful. Understanding park injury liability is crucial if you or a loved one has been hurt while visiting one of these public spaces. That’s why the experienced Kansas and Missouri premises liability lawyers at Patterson Legal Group are here with the information you need on park injury liability.
Government Agencies and Park Injury Liability
Public parks most often are owned and operated by municipal, county, or state governments. They owe an enforceable duty to maintain public spaces in a reasonably safe condition for guests. When they fail in that duty, they may be liable for harm under a concept known as premises liability.
Common Examples of Government Negligence
- Careless Maintenance: Faulty playground equipment, uneven walkways, or hanging branches from trees are significant threats. Whenever these risks are obvious (or should have been obvious) to park officials and were not addressed, there may be liability.
- Lack of Proper Safety Features: Good lighting, signposting, and fencing where necessary must be in place in parks. Missing or inadequate safety features can cause harm.
- Negligent Workers: If a government employee is negligent, the government can be held liable.
Third-Party Park Injury Liability
While most injuries are caused by governmental negligence in maintaining parks, some are the result of the negligence of third parties. Under these circumstances, a defendant other than the government may be liable.
Potential Third-Party Defendants Are:
- Negligent Park Users: If the negligence of another individual–i.e., carelessness with sports equipment or reckless bike riding or driving–causes harm, that individual can be held liable.
- Independent Contractors: Some parks use independent contractors to supply a service like landscaping or equipment installation. If a contractor’s actions create hazardous conditions, that company can be held liable.
- Product Manufacturers: If park infrastructure or playground equipment fails because of a manufacturing defect, then the company that manufactured the dangerous product may be held liable under product liability laws.
What If You Assumed the Risk?
If you were injured while participating in a voluntary action like a pick-up game of basketball, you can anticipate the defense of assumption of risk. That is, you accepted some risks that you know are associated with the activity. This defense will not hold in the case where your injury occurred due to negligence, e.g., a dangerous court or defective equipment.
Steps to Take after a Park Injury
If you’ve been hurt in a public park, your actions immediately following the incident can impact your case. Here are important steps to protect your rights:
- Document Everything: Take photos of the hazardous condition, your injuries, and the surrounding area.
- Get Witness Information: Obtain names and contact details of anyone who saw what happened.
- Seek Medical Attention: Prompt treatment not only helps your recovery but also provides important documentation.
- Work with a Personal Injury Lawyer: These are often complex cases. An experienced legal staff can follow the facts, identify liable parties, and fight for fair compensation.
Patterson Legal Group: Your Trusted Resource for Park Injury Liability
Here at Patterson Legal Group, we’re happy to provide the information you need on park injury liability. We’re also here for you if you’ve been injured at a park through no fault of your own. Our dedicated team of litigators and trial lawyers has a proven track record of success in securing settlements for those hurt in Kansas, as well as in Missouri, Oklahoma and Colorado. We will fight for you every step of the way.
Get started today with a free consultation by calling us at 888-687-2400 or going online through our secure contact form. You can also connect with our LiveChat representatives. We work under a “No Win, No Fee” promise, so you won’t pay anything unless we win. Reach out today and take the first step towards the money you deserve.
