There are over 82 state parks open to the public in Idaho, Wyoming and Utah. The Rocky Mountain states are renowned for gorgeous landscapes, mountain ranges, cliffs, plains, hot springs, lakes, and other natural wonders. Unfortunately, while uncommon, some people suffer injuries on state property/state parks, and even death, including state-maintained parks and forests. Many people are unsure what to do after suffering injuries on public property, especially if the area is not well-maintained, remote, and help is not nearby. If you or a loved one suffered an injury on state property, contact our lawyers at Rocky Mountain Personal Injury Center.
Next Steps after an Injury
If you were injured in a state park, seek emergency medical treatment if needed. Most state and national parks are outfitted with emergency services or a ranger station. In some cases, people are so severely injured that they require a medivac to a local hospital for life-saving treatment. Take pictures of property damage, injuries like lacerations and bruises and keep a log to note treatment rendered of your pain level and symptoms. Contact our attorneys at Rocky Mountain Personal Injury Center to determine if you may have a claim for damages.
Sometimes accidents occur as a result of the weather, hazardous conditions, or a freak incident, and no one is at fault. However, in some situations, the state may be liable for damages. If a plaintiff were to slip and fall on an unmaintained walkway, fall in an unlit stairwell or public bathroom, these incidents qualify where the state park could be liable for negligence. Similarly, if a natural attraction like a hot spring, geyser, or mountain face presents an attractive nuisance to children, the park is required to take action, through signage, warnings, or fencing to keep children and curious adults away. Failure to warn is one aspect of the duty of care a premises owner owes to licensees (park visitors).
Premises Liability for State-Owned Properties
Premises liability governs the duty a property owner has to the invitee, licensee or trespasser. A visitor to a state park would be classified as a licensee, because they are not visiting for a specific purpose and were not expressly invited, but nevertheless are welcome guests to which a duty is owed. Property owners owe various duties of care to licensees. This includes the duty to inspect the premises, warn guests of potential hazards and make repairs as needed. The plaintiff must establish that the government (state park) knew or should have known of the hazardous condition on the premises, and that the hazard was the proximate cause of the plaintiff’s injuries in order for recovery to occur.
State parks are owned and maintained by the state in which they are located. This means the state has a responsibility to adequately maintain walkways, public buildings, parking lots, throughways, and other public attractions. Failure to adequately maintain space for public use can result in negligence on the part of the state. In addition, failure to warn patrons of apparent dangers or damaged property can also establish negligence. However, unlike private entities, the state is immune from some litigation due to the principle of sovereign immunity. Sovereign immunity protects state and local governments from constant litigation. The state must agree to be sued in a tort claims act. Also, the plaintiff must file notice of the claim within a short window to the state agency for the claim to be viable. In Utah, the Governmental Immunity Act contains several exceptions including for negligence actions on public property, such as state parks.
Call Rocky Mountain Personal Injury Center Today
Tort claims can be difficult to navigate. Injuries occurring on state property and especially in wilderness areas can result in severe disability or even death. But establishing negligence on the part of the state can be extremely difficult. If you or a loved one was injured on state property, at a park, campground, or forest, seek medical treatment as soon as possible. Depending on the circumstances, you may be eligible for compensation. Contact our lawyers at Rocky Mountain Personal Injury Center so that we can determine if you have a claim and discuss potential options for resolution.
