Parks are popular places to visit and are particularly popular during season of summer. But, everyone isn’t protected from injuries such as fall and slips, bike crashes, robberies and so on. Thus, whether or not you are able to assert personal liability if you’re injured by playing football in the park is contingent on a variety of factors. Let’s first take more in depth look at the laws of public parks.
All parks that is owned by the state or a local authority , is an open space, which means the authorities could be held accountable for any injuries that occur in the parks.
Prior to 1948, all federal organizations were immune to personal injury claims by virtue of sovereign immunity. But the Federal Torts Claims Act (FTCA) in 1948 altered this and allowed individuals to seek compensation against the government over damages to federal property, as well as those that were caused by federal workers.
Local and state governments began gradually implementing the legislation which allows individuals to sue to recover damages that they sustained from public parks. The government’s liability is extended to all parks that are public which includes skateboard, pools, parks, as well as sporting fields.
Proving Government Negligence
In order to recover compensation from an agency of the government to compensate for the injuries sustained in an outdoor park, you must establish negligence on the part of maintaining the property by the government agency. Law requires the government to ensure that their parks secure by maintaining facilities and other equipment. Additionally, they are required to remove hazards or alert the users of their facilities of them. The law states that the agency of government must offer the same amount of security as private organizations.
So, the government is responsible for any injuries that occur as they failed to protect the park through taking care of the park.
In spite of the differences in states’ laws, if you get injured playing football, then you need to demonstrate that you have met the following requirements:
- A dangerous or hazardous location in the park has caused you accident
- The property on which the danger was exhibited is part of to or is controlled by a government organization
- It is believed that the agency of the government knew or ought to have been aware of the dangers
- Local government bodies was unable to complete the work needed in the timeframe required.
- You, the plaintiff were not the cause of these injuries due to your negligence or negligence
- Additionally, suing a federal company requires some things in your mind. this includes the time limit for filing a claim and the requirement be notified of the claim prior to suing.
What kind of damage can you expect to sustain From a Public Injury
When you’re a plaintiff filing an injury claim in public parks with a government organization and the amount that you can receive in the success of your claim is undetermined. It is due to the fact that many governments limit the amount they offer and also the kinds of settlements they offer.
Contrary to compensation offered that is available in a private personal injury suit that permits the plaintiff to receive financial and non-economic damages when there is negligent conduct by the defendant, for claims against local government bodies generally, the plaintiff can expect only monetary damages.
Thus, you can’t be expecting the payment of punitive damages through the federal and state agencies to compensate in the event of loss to the quality of life and emotional suffering or emotional distress, etc. Since they do not allow the use of these damages.
In the event of an injury case in a public park it is possible to receive financial damages as an amount to cover the costs related to the injury. They include dental or medical treatment, hospital expenses as well as damage to your property as well as lost wages and the loss of earnings capacity. Furthermore, your settlement may also cover certain out-of-pocket costs you incur as a result of the injuries.
Additionally, the court could decide that the local government should remove unsafe conditions, and also make repairs to the place in which your accident occurred.
State Laws as well as Local Parks
In several states, local authorities are accountable for any accidents caused by negligence in local parks because the officials of the local government are required to keep the parks in good condition for their visitors. Thus, the laws of state on responsibility for public parks could affect the final outcome of your case.
The responsibilities of local authorities are making sure that parks are in safe locations and making sure that the building materials utilized to construct them are secure. They are also responsible to fix any unsafe circumstances in the park whenever they occur.
There are times when the local government could be exempt from suit, while the state may bear the burden. Additionally, there are instances where the state government must accept claims that exceed a specific amount, which can cause delays during the procedure.
Finding negligence within an official park could be tricky, and one should take into consideration that they are subject to certain limits on how much they will have to pay. Furthermore, the time the plaintiff has to bring an individual legal claim against the state is much shorter and should not let your statute of limitation run out. Also, to ensure a successful personal injury lawsuit arising out of injuries sustained while playing soccer in the park demands the aid from a seasoned personal injury attorney.