Public parks allow children and adults to enjoy their favorite hobbies, such as basketball, soccer, or volleyball. Although you may take proper precautions to avoid injuries, accidents can happen. Whether a public park is owned by a government entity or a private party, you may have legal options to seek compensation for damages if the responsible parties failed to adhere to a legal duty of care to lawful visitors.
Federal, state, and local governments have protections against personal injury lawsuits under sovereign immunity. However, there are exceptions. Missouri law states that if you establish that the public park was in a hazardous condition, and your injuries were caused by the condition resulting from a negligent act or omission of a park employee or a public entity, you may seek compensation for damages.
What You Need to Prove in a Personal Injury Lawsuit for a Public Park Injury
Park owners, whether a private or government entity, are responsible for injuries of lawful visitors if the victims were owed a legal duty of care and the duty was breached by negligence, recklessness, intentional act, or omission. In a recreational sports injury, it may mean that the property owners may have failed to adequately or routinely maintain and inspect the premises, failed to provide adequate security measures, or failed to address hazards in a timely manner.
You must prove the following elements to bring a favorable premises liability claim against a government entity or private owner:
- You must prove there is a dangerous or unsafe condition on the property
- A private party or government entity either owns or controls the property where the unsafe condition was located
- A private party or government entity knows or should have known about the hazardous condition that led to your injuries
- A private party or government entity had a reasonable amount of time to fix or remedy the condition but failed to do so
- You were not reckless or careless in causing your own sports injury
The lawyers at Goza & Honnold are prepared to build a strong case on your behalf by initiating an investigation into the incident, collecting evidence of negligence, and protecting your right to compensation.
Taking Legal Action Against Private Park Owners vs. Government Entity
A private park owner’s responsibility may vary depending on your legal status. You may be classified as one of the following when you enter the park premises:
- Invitee: If you paid or were invited to attend the park for a reactionary sports event, the owner has a legal duty to assure your safety
- Licensee: If you are a social visitor, then the owner of the park has a legal duty to prevent foreseeable accidents by taking proactive safety measures
- Trespasser: If you were trespassing when you sustained reactionary sports injuries, such as playing in the park after posted business hours, you can hold the owner liable if you can prove they intentionally and knowingly produced the dangerous condition and the condition was likely to cause death or catastrophic bodily harm.
Seeking legal action against a government entity has unique legal challenges that would be best handled with the help of experienced premises liability lawyers. Before filing a lawsuit, consider the following stipulations:
- Immunity: Claims against government entities have strict procedures. As such, you must comply with complex legal rules to seek damages for injuries sustained in a public park.
- Notice of a claim: You must provide notice of a claim before suing a government entity.
Seeking legal action for a recreational sports injury in a public park can be complex. The lawyers at Goza & Honnold can help you determine who is liable for your recreational sports injuries and guide you through the legal process.
Speak With the Premises Liability Lawyers at Goza & Honnold
Sustaining reactionary sports injuries in a public park due to unsafe or hazardous conditions can affect your life long-term. The lawyers at Goza & Honnold can fiercely protect your rights in a premises liability claim, no matter the complexity of your case. We have decades of experience, so you can rest assured we are prepared to fight for you.
Schedule a no-cost consultation with one of our experienced lawyers by calling (913) 451-3433 or filling out a contact form.