Who is Responsible if My Personal Injury Happens in a Public Park?

There are many fun activities to enjoy in the public parks of Nevada. From going for a picnic with friends to enjoying time in the playground with your children, public areas can provide an enjoyable time for the whole family. On the other hand, if they are poorly maintained, they can also be a location for accidents and serious injuries. Defective playground equipment or poorly maintained trails could cause traumatic brain injuries or slip-and-fall accidents.

Sovereign Immunity?

However, because the city or state governments maintain public parks as part of their responsibilities to their citizens, it can be more challenging to work with Las Vegas personal injury attorneys to file a claim. Traditionally, governments are protected from liability for injuries caused as part of general government activities under the doctrine of sovereign immunity, while private owners can be sued under the principle of premises liability.

All 50 U.S. states, including Nevada, recognize the principle of sovereign immunity to the present day. However, statutory exceptions to sovereign immunity can help you seek compensation if you’ve been injured in a public park. A Las Vegas personal injury law firm can see how Nevada’s Tort Claims Act may apply to your case.

Nevada Tort Claims Act

To seek compensation for an injury caused at a public park, you will generally need to prove that the government or an employee was negligent. This means that a duty of care that was owed to you as a visitor to the park was breached by government action or inaction that created the dangerous conditions or caused your accident.

Filing a Personal Injury Claim

Like other personal injury claims, the case must be filed within two years of the incident; unlike other personal injury claims, compensation is subject to a cap. A similar process applies to local claims against the City of Las Vegas.

If you’ve been injured because of a poorly maintained or dangerous public park, there are options for you to pursue. An experienced Las Vegas personal injury law firm can work with you to seek the compensation you need. Contact The Schnitzer Law Firm at 702-960-4050 or use our simple online form to set up an initial consultation.