State and national parks offer plenty of opportunities for outdoor adventure. Unfortunately, there’s always the potential for accidents and injuries. When injuries occur within the boundaries of these protected areas, determining liability can be a complex matter.
One of the key factors in assessing liability for injuries at state or national parks is the concept of sovereign immunity. Sovereign immunity shields government entities, including state and federal agencies responsible for managing parks, from certain types of legal claims and lawsuits.
Injuries and exceptions to sovereign immunity
While sovereign immunity generally limits the ability to sue government entities, there are exceptions that may allow injured individuals to pursue compensation for their injuries:
- Negligence: If the injury resulted from the negligence of a government employee or agency, sovereign immunity may be waived, allowing the injured party to file a lawsuit. For example, if a park ranger fails to properly maintain a trail or provide adequate warnings about potential hazards, and a visitor is injured as a result, the injured person may have grounds for a negligence claim.
- Dangerous conditions: Government agencies have a duty to maintain state and national parks in a reasonably safe condition for visitors. If a dangerous condition, such as a poorly maintained pathway or a hazardous natural feature, causes an injury, the government may be held liable for failing to address the danger. However, visitors are still expected to exercise caution and obey park rules and signs.
- Intentional misconduct: Sovereign immunity typically does not protect government employees or agencies from liability for intentional wrongdoing or misconduct. If an injury results from the deliberate actions of a park employee, such as assault or harassment, the injured party may be able to pursue a claim against the government.
Third-party liability
In addition to potential liability on the part of the government agency responsible for the park, third parties may also bear responsibility for injuries occurring within park boundaries. For example, if a visitor is injured due to the negligence of another visitor, the injured person may be able to file a claim against them.
If you’ve been injured at a state or national park, it’s essential to consult with an experienced personal injury attorney at the Law Offices of Tim Misny, who can evaluate your case, determine liability and help you understand your legal options.
Call an Ohio personal injury attorney today
The Law Offices of Tim Misny can review your accident claim. When you or a loved one are the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.