Legal liability for slip-and-fall and other accidents are not restricted to supermarkets or other commercial areas. State parks may also assume premises liability for accidents caused by negligence or hazardous conditions.
Park visitors may be injured in car accidents, drownings, slip and falls and electrocutions at Kentucky state parks, federal parks and parks in other states. Wildlife contact and tree branches can also lead to injuries that are more unique to these areas.
State and federal agencies are generally immune from lawsuits. There are some exceptions, however. The Federal Torts Claims Act allows private individuals to file personal injury claims based on negligence against federal agencies and their employees if their negligence caused the injuries.
Government agencies are responsible for protecting park visitors from harm. They may be found negligent if they breach this duty. Plaintiffs have the burden of proving that parks breached this duty.
Individuals can usually pursue legal actions if poorly maintained roads led to a car accident or premises liability claims when slip-and-fall accidents were caused by poorly maintained facilities. Parks may also be liable for medical negligence when first responders do not property treat an injured park visitor.
Parks may not be liable where visitors assumed risks such as ignoring rules or signs warning them of dangers from feeding bears or climbing rocks, for example. But parks may be held liable if they do not provide warnings about known hazardous conditions.
Legal liability depends on the circumstances surrounding each accident. An attorney can help injured park visitors determine whether parks are responsible for their injuries and pursue compensation under federal and state laws.
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