A trip to a local park should be a source of relaxation and enjoyment. It is where families gather for picnics, children play on swings, and community members enjoy open green spaces. Unfortunately, a pleasant day can quickly turn into a nightmare when an unexpected injury occurs due to unsafe conditions. A fall from poorly maintained playground equipment, a trip over a cracked sidewalk, or an injury resulting from inadequate lighting can leave victims with serious medical issues and financial burdens. The U.S. Consumer Product Safety Commission (CPSC) reports that over 200,000 children are treated in hospital emergency rooms annually for playground injuries, with falls being the leading cause.

When an injury happens on public property, the path to compensation is often more complex than a standard claim against a private individual or business. The government entity responsible for the park—whether it is a city, county, or state—is protected by a legal principle known as sovereign immunity. This concept can make filing a lawsuit challenging, but not impossible. Understanding your rights and the specific procedures involved is the first step toward holding the responsible government body accountable.

This article explains the legal foundations for suing a government entity for an injury at a public park, the essential elements you must prove, and the procedural hurdles you will need to overcome.

Why Suing the Government is Difficult: An Explanation of Sovereign Immunity

Historically, the doctrine of sovereign immunity—a concept inherited from British common law—held that a citizen could not sue the government or "the king" without its consent. The idea was that the government could not be bogged down by constant lawsuits while trying to perform its public functions.

While this blanket protection no longer exists in its original form, its legacy continues to shape modern law. Today, federal and state governments have passed laws, often called Tort Claims Acts, that waive this immunity under specific circumstances. These acts outline when and how a government entity can be held liable for the negligent actions of its employees or for dangerous conditions on its property.

However, these waivers are not a free-for-all. They come with strict rules, shorter deadlines, and specific notice requirements that do not apply to lawsuits against private parties. Failing to follow these procedures precisely can result in your case being dismissed before it ever gets to court.

Proving Negligence in a Public Park Personal Injury Claim

Even with a waiver of sovereign immunity, you cannot sue the government simply because you were injured on its property. You must prove that the government entity was negligent. In any personal injury case, proving negligence requires establishing four key elements.

Element 1: Duty of Care

The government entity that owns or manages the park has a legal responsibility, or "duty of care," to maintain the premises in a reasonably safe condition for the public. This does not mean the park must be perfectly safe or free of all potential hazards. Rather, the government must act as a reasonable property owner would under similar circumstances. This duty includes:

• Regularly inspecting the park and its equipment for potential dangers.
• Repairing known hazards in a timely manner.
• Warning the public about dangers that cannot be immediately fixed (e.g., putting up a sign or barrier around a sinkhole).
• Ensuring that playground equipment, benches, and other installations are safe and properly installed.

Element 2: Breach of Duty

A breach occurs when the government entity fails to meet its duty of care. You must show that the entity knew or reasonably should have known about the dangerous condition but did nothing to correct it. This is a critical point. If a tree branch falls and injures someone just moments after a storm, the city may not be liable because it had no reasonable opportunity to discover and address the hazard.

However, if that same tree branch had been visibly dead and decaying for months, and residents had even complained about it, the city’s failure to remove it would likely constitute a breach of duty.

Examples of a breach of duty in a park setting include:

• Failing to repair a broken swing with rusted chains.
• Ignoring large cracks or uneven pavement on a walking path.
• Allowing broken glass to remain in a sandbox or play area.
• Not replacing burned-out light bulbs in a parking lot, leading to poor visibility and a fall.

Element 3: Causation

Next, you must prove that the government's breach of duty was the direct cause of your injuries. The link must be clear. For example, if you trip on an exposed tree root and break your ankle, the connection is straightforward. The park's failure to address the protruding root directly caused your fall and subsequent injury.

If the connection is less direct, establishing causation can be more difficult. This is an area where a detailed investigation and strong evidence are essential.

Element 4: Damages

Finally, you must demonstrate that you suffered actual harm, or "damages," as a result of the injury. Damages are the measurable losses for which you are seeking compensation. They can include:

• Economic Damages: These are tangible financial losses, such as medical bills, costs of future treatment, lost wages from being unable to work, and diminished earning capacity.
• Non-Economic Damages: These are intangible losses related to the impact of the injury on your life, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Common Types of Public Park Hazard Claims

Injuries in public parks can arise from various situations, each falling under the umbrella of premises liability. While every case is unique, most claims stem from a few common categories of negligence.

Faulty Playground Equipment

Playgrounds are a major source of park-related injuries. Government entities have a duty to inspect, maintain, and repair slides, swings, monkey bars, and other equipment. Liability can arise from:

• Broken or defective parts.
• Rusted metal or splintered wood.
• Lack of soft surfacing material (like wood chips or rubber mats) under equipment.
• Design flaws that create entrapment or fall hazards.

Poor Maintenance and Premises Defects

This broad category covers hazards related to the general upkeep of the park grounds and facilities. Examples include:

• Uneven sidewalks, potholes in parking lots, or large cracks in basketball courts.
• Exposed tree roots or sprinkler heads on walking paths.
• Inadequate lighting that contributes to falls or criminal activity.
• Failure to address ice or snow on walkways during winter months.
• Unsecured manholes or utility covers.

Inadequate Security

In some cases, a government entity may be held liable for injuries caused by a third-party criminal act if the park failed to provide adequate security. These cases are difficult to win and hinge on foreseeability. To succeed, you generally must show that the park was aware of a history of similar crimes in the area and failed to take reasonable steps to protect visitors, such as installing better lighting, adding security patrols, or posting warnings.

Filing a State Lawsuit or City Lawsuit: Filing Deadlines Are Strict and Vary By Jurisdiction

The most critical procedural hurdle in a lawsuit against a government entity is the deadline. Unlike a standard personal injury case against a private party, where you may have a year or more to file a lawsuit, claims against the government operate on a much shorter and stricter timeline. Missing this initial deadline—even by a single day—can permanently bar you from ever receiving compensation, no matter how strong your case is. This is not a flexible rule; courts enforce these deadlines rigidly to protect government entities from stale claims.

Before you can even file a lawsuit, you must first file a formal Notice of Claim with the specific government agency responsible for the park. This document officially informs them of the incident, your injuries, and your intent to seek damages. The time limit for filing this notice is set by law and varies significantly depending on where your injury occurred. For example:

• In California, an injured person generally has only six months from the date of the incident to file a notice of claim.
• In New York, the deadline is much shorter, typically requiring notice within just 90 days of the accident.
• Deadlines can vary even within a state. In Texas, while the state deadline is six months, some individual cities can require a notice of claim in as little as 45 or 60 days.

It is essential to understand that this Notice of Claim deadline is separate from the statute of limitations, which is the final deadline to file the actual lawsuit in court. You must satisfy the short notice deadline first to preserve your right to use the full statute of limitations later. Because these timeframes are so short and jurisdiction-specific, it is vital to contact a personal injury attorney immediately after an accident on public property to ensure your rights are protected.

The Government's Response and the Statute of Limitations

After receiving your notice, the government agency will investigate your claim. It may accept it and offer a settlement, or it may deny it. If the claim is denied, or if the agency does not respond within a specified time, you can then proceed with filing a formal lawsuit.

The statute of limitations—the deadline for filing the actual lawsuit—is also often shorter for claims against the government. It is important to know both the Notice of Claim deadline and the statute of limitations for your specific jurisdiction.

Defenses a Government Entity Might Use

When you bring a claim against the government, you should anticipate a strong defense. Government attorneys will use several legal arguments to protect the entity from liability.

• Discretionary Function Immunity: Governments cannot be sued for policy-level decisions. For example, you cannot sue a city for its decision to build a park in one location versus another. However, you can sue it for operational negligence in how it maintains that park once it is built.
• Recreational Use Statutes: Many states have laws that limit a landowner's liability when they allow the public to use their land for recreational purposes free of charge. These statutes often protect the government from liability for simple negligence, requiring a plaintiff to prove that the entity acted with "gross negligence" or "willful and wanton" misconduct.
• Comparative Negligence: The government may argue that you were partially or fully at fault for your own injuries. For instance, if you were injured after ignoring a "Keep Out" sign or using playground equipment in an improper way, your compensation could be reduced or eliminated entirely based on your percentage of fault.

The Importance of Hiring a Personal Injury Attorney for Your Claim

Navigating a claim against a government entity is a difficult and procedurally dense process. The special rules, short deadlines, and powerful legal defenses make it extremely challenging for an individual to handle on their own. A skilled personal injury attorney can make all the difference.

An experienced lawyer who handles cases against government entities will:

• Meet All Deadlines: A knowledgeable personal injury lawyer understands the importance of the Notice of Claim deadline and will ensure all paperwork is filed correctly and on time.
• Investigate Your Case: They will gather evidence, such as park maintenance records, inspection logs, photos of the hazard, and witness statements, to build a strong foundation for your claim.
• Navigate Sovereign Immunity: They know the intricacies of the state’s Tort Claims Act and how to argue that your case falls within an exception to immunity.
• Negotiate with Government Lawyers: They are prepared to go up against the attorneys who represent the city, county, or state and will fight for a fair settlement on your behalf.
• Take Your Case to Court: If a fair settlement cannot be reached, they will be prepared to represent you in litigation and advocate for your rights in front of a judge and jury.

A simple mistake can jeopardize your entire case. Having professional legal representation ensures your rights are protected every step of the way.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you or a loved one has been injured at a public park, you may be entitled to compensation for your medical bills, lost income, and pain and suffering. However, the clock is ticking. You must act quickly to preserve your legal rights.

At Brandon J. Broderick, Attorney at Law, our team has extensive experience holding government entities accountable for negligence. We understand the complex laws surrounding sovereign immunity and are ready to guide you through the process. Contact us today for a free consultation to discuss your legal options. We are available day or night to assist you.