Public parks allow children and adults to enjoy their favorite hobbies, such as basketball, soccer, or volleyball, but they can also be sites of recreational injury. 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 fail 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 Recreational Injuries in a Public Park
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.
Recreational injury cases against private park owners or government entities can be particularly complex, requiring a thorough understanding of liability and legal procedures.
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.
Gathering Evidence and Seeking Medical Attention
If you sustain an injury during a recreational activity, taking immediate and appropriate steps is crucial for your health and any potential personal injury claims. Here’s what you should do:
Steps to Take After an Injury
- Seek Medical Attention Immediately: Regardless of how minor your injuries may seem, it is vital to seek medical attention right away. Prompt medical care can prevent further complications and ensure you receive the necessary treatment. Additionally, medical records will be essential for your personal injury claim.
- Document the Injury and Any Related Expenses: Keep detailed records of all medical expenses, including doctor’s visits, hospital stays, and medications. Also, document any lost wages or other related costs. This documentation will be crucial when seeking compensation.
- Report the Incident to the Relevant Authorities: If your injury occurred in a public park or recreational facility, report the incident to the appropriate authorities. This creates an official record of the incident, which can be valuable evidence in your personal injury lawsuit.
- Gather Evidence: Collect as much evidence as possible from the scene. Take photographs of any defective equipment or hazardous conditions that contributed to your injury. Gather witness statements and contact information, as their testimonies can support your claim.
- Consult with an Experienced Personal Injury Attorney: Navigating the legal process can be challenging, especially when dealing with injuries. An experienced personal injury lawyer can guide you through the complexities of personal injury law, help you gather necessary evidence, and ensure you receive the compensation you deserve.
By following these steps, you can protect your health and strengthen your personal injury claim, increasing your chances of a favorable outcome.
Causes of Injuries in Recreational Activities
Recreational activities in public parks are a great way to stay active and enjoy the outdoors. However, they also come with their own set of risks. Understanding the common causes of injuries can help you take preventive measures and know when you might have a valid personal injury claim.
Defective Equipment and Poor Maintenance
Defective equipment and poor maintenance are significant contributors to injuries sustained during recreational activities. When equipment is not properly maintained or is inherently defective, it can malfunction, leading to accidents and severe injuries. For instance, a faulty helmet might fail to protect a cyclist’s head during a crash, or a poorly maintained trampoline could collapse, causing serious harm.
In addition to defective equipment, the poor maintenance of recreational facilities can also pose significant risks. Imagine a swimming pool with slippery surfaces, inadequate lighting, or faulty fencing—each of these issues can increase the likelihood of accidents and injuries. Similarly, a basketball court with uneven surfaces or broken hoops can lead to falls and other injuries.
To minimize these risks, it is crucial that recreational facilities ensure their equipment is regularly inspected and properly maintained. Adequate safety measures, such as warning signs, fencing, and emergency response plans, should also be in place to protect visitors. If you believe that defective equipment or poor maintenance contributed to your injury, consulting with a skilled personal injury attorney can help you understand your legal options.
The Role of Assumption of Risk
When participating in recreational activities, it’s important to understand the concept of assumption of risk. This legal doctrine suggests that individuals who voluntarily engage in potentially dangerous activities accept the inherent risks involved. However, this does not mean that all responsibility is absolved.
Understanding Assumption of Risk in Recreational Injuries
Assumption of risk means that participants acknowledge the potential dangers associated with an activity. For example, a skier understands the risk of falling or colliding with obstacles. However, if the ski resort fails to properly mark a dangerous slope, and an injury occurs as a result, the resort may still be liable despite the skier’s assumption of risk.
It’s essential to recognize that the assumption of risk does not apply in situations where the risk is not inherent to the activity or where the defendant’s negligence increases the danger. For instance, if a public park fails to repair a broken swing set, leading to an injury, the park could be held liable because the risk was not an inherent part of using the swing set.
Determining whether the assumption of risk applies in your case can be complex. A skilled personal injury attorney can help you navigate this aspect of personal injury law and determine if you have a valid claim.
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.
Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.