You visited a local park in order to take advantage of the pleasant autumn weather. You got hurt really badly there, and the road to recovery is going to be long and expensive. How do you identify the party at fault for your harm?
Please contact an experienced Connecticut brain injury lawyer soon if you or a loved one has suffered a concussion due to another party’s negligence or intentional misconduct.
In Connecticut, who is responsible if you are hurt in a public park?
Local governments may be held accountable for injuries or property damage under state law when they:
- As a result of the carelessness of city employees or agents performing their jobs,
- When municipal employees are negligent while carrying out duties that yield a disproportionate share of the corporation’s profits or financial gain,
- Activities that lead to or contribute to the development of a nuisance
- I was injured at a park in Connecticut; how do I file a claim against the city?
- Either negligence or annoyance must be proven before a municipality can be held accountable for injuries caused in a public park. You need to prove a few things before a municipality can be held accountable under a negligence theory.
Inadequate maintenance or safety hazards made the park unsafe.
The city failed to conduct inspections, remove the hazardous or defective conditions or otherwise make the area safe, and as a result, you were injured.
To establish municipal liability under a nuisance basis, you must show the following:
The park’s state was so terrible that it constituted a nuisance. The city had actively contributed to that condition by excavating a hole or starting another construction project rather than merely failing to examine the site.
It’s worth noting that even if you prove these elements, the court may still rule that the municipality is immune from liability under the landowner recreation immunity provision.
Can a landowner sue for violating a law protecting recreational users?
Under certain conditions, towns will be shielded from liability claims based on carelessness, thanks to this statute. To the contrary, this law imposes no duty on landowners who make all or part of their land available to the public for recreational purposes without charge, rent, fee, or other commercial services to ensure the safety of those who use or utilise the area.
Connecticut’s highest court ruled unanimously in favour of allowing the landowner recreation immunity provision to apply to towns, with the following exceptions:
The accused activities involved malice, wantonness, or intent to hurt, rather than negligence, and the cause of action against the municipality or municipal officer is expressly provided for by statute.