Do you have a personal injury claim if you get hurt playing football in the park? • Legal Scoops

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Parks are very busy areas, especially during the summer months. However, people are not immune to injuries, including slips and falls, bicycle accidents, theft, etc. Therefore, whether you can claim personal injury if you are injured while playing football in the park depends on several factors. First, let’s take a closer look at public park laws.

Who has the responsibility

Any park owned by the government or a local authority is public property, which means that the government can be held liable for injuries that occur there.

Until 1948, all government entities protected themselves against personal injury claims through sovereign immunity. However, the Federal Tort Claims Act (FTCA) of 1948 changed that; individuals could sue the government for injuries on federal property or those caused by federal employees.

State and local governments have slowly begun to implement the law, allowing people to sue for injuries sustained in public parks. The government’s responsibility extends to all areas of public parks, including swimming pools, skateboard parks and sports fields.

Prove government negligence

To recover damages from a government agency for injuries sustained in a park, you must prove negligence in the maintenance of the property by the government agency. The law requires government agencies to keep public parks safe by repairing areas and equipment, and they must either remove hazards or warn the public using the facilities about them. By law, the government agency must provide the same level of care required by private parties.

Therefore, the government agency is liable for injuries sustained because it failed to ensure the safety of the park by maintaining it.

Despite the discrepancies in different state laws, if you are injured while playing football, you will need to prove the following:

  • That an unsafe or dangerous condition located in the park caused your injury
  • That the property where the unsafe condition existed is owned or owned or controlled by a government agency
  • That the government agency knew or should have known of the unsafe conditions
  • That the local government agency failed to make the required repair within a reasonable time
  • That you, the plaintiff, did not cause the injuries through irresponsibility or negligence
  • Finally, suing a government entity requires you to keep certain things in mind; these include the statute of limitations and the fact that you must provide notice of the claim before proceeding.

What damage to expect from a public injury

As a plaintiff suing for injuries in a public park against a local government agency, the amount of recovery you can receive for a successful claim is limited. This is mainly because most government agencies limit the amounts they pay out and the types of compensation they cover.

Unlike compensation in a private personal injury lawsuit which allows the plaintiff to recover both economic and non-economic damages for the defendant’s gross negligence, in claims against local government agencies you do not can generally expect only monetary damages.

Therefore, you cannot expect punitive damages from state and federal agencies for loss of quality of life, emotional distress, etc., because they prohibit them.

As a plaintiff in a public park injury lawsuit, you can expect to receive damages for expenses related to your injury. These include medical or dental treatment, hospital bills, damage to your property, lost wages and loss of earning capacity. In addition, your compensation will also include some of the expenses you incurred as a result of your injury.

Additionally, the court may decide that the local government agency must remove the unsafe conditions and make necessary repairs in the area where your injury occurred.

State laws and local parks

In many states, local governments are held responsible for injuries caused by negligence in local parks since local authorities must keep them safe for the public. Therefore, state public park liability laws may affect the outcome of your injury claim.

Some of the tasks of local authorities are to place parks in safe areas and to ensure that the materials used in their construction are safe. Additionally, they are responsible for repairing any unsafe conditions in the park as they arise.

Sometimes the local government can be immune to a lawsuit and the state government can take responsibility. Additionally, there are also instances where the state must approve claims over a certain amount, which delays the process.

Final take

Proving negligence against a state park can often be difficult, and consider that they have a specific cap on the amounts they pay. Also, the time for plaintiffs to file a personal injury lawsuit against the government is shorter, so don’t let the limitation period lapse. Finally, ensuring the success of a personal injury claim from an injury caused while playing football in the park requires the assistance of an experienced personal injury attorney.

Jacob Maslow

Legal Scoops editor Jacob Maslow founded several online journals, including Daily Forex Report and Conservative Free Press.

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