If you are hurt while taking part in a recreational activity in a public place, like a park, you may not be able to hold the government that operates the park liable for your injuries.
The California Government Code provides a legal protection for cities, counties, and the state when someone is hurt in a park while engaging in an activity the law considers hazardous.
Unfortunately, even basic activities like mountain biking and kayaking can fall under this protection. But there are some holes in the protection that can enable victims to get the injury support they need.
(a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity.
Why Is the Government Protected If I Get Hurt in a Park?
GOV 831.7 excuses public entities (e.g., city government or California’s Department of Parks and Recreation) from legal liability for anyone who gets hurt engaging in what’s deemed a hazardous recreational activity.
The standard for dangerous activities that the code sets forth states that it’s any sport that carries a substantial risk of injury. It applies to anyone who knew of the risk the activity carried or reasonably should have known.
There are others who may not be able to file an injury claim if they are injured:
- People participating in the activity
- Spectators who are injured
- People assisting others participating in a risky activity
The code offers immunity to government departments and their employees in certain situations. Injured victims couldn’t hold a city government or a parks department liable for their medical bills, their lost income, and their pain and emotional trauma.
The Activities Considered Hazardous
Section (b) of the code lists a full rundown of the types of activities that government operators may not be liable for.
This is a partial list of some of the sports that would be considered hazardous:
- Swimming activities in areas without lifeguards
- Diving in places without a diving board or diving platform
- Scuba diving
- Kayaking
- Animal riding
- Archery
- Skiing
- Hang gliding
- Off-road motorcycling
- Motorized vehicle racing
- Body contact sports
- Tree climbing
- Mountain biking
- Mountain climbing
- Whitewater rafting
- Pistol and Rifle shooting
- Four-Wheel driving
See: Who is responsible if I’m hurt by natural hazards on unimproved public lands?
When the Government Can Be Liable for Sporting Accidents on Public Land
A government agency can be liable in some accident cases, especially if its duty to keep visitors as safe as possible is ignored. The circumstances under which the protection of GOV 831.7 doesn’t apply are covered in Section (c).
If you were hurt while participating in a covered activity on public land, you may still be able to seek compensation if one of these factors is proven:
- The government knew of a hazard, and it was a threat to those engaging in a common activity. (e.g., the department had received complaints and reports of injuries)
- The operators of the park charged a fee to participate in an activity that was supposed to be considered dangerous.
- A man-made structure used in the activity wasn’t maintained to safe standards.
- A government employee’s negligence contributed to the accident.
- Government employees advertised an event or activity to attract spectators.
Anytime victims can show evidence that a business owner or government entity was grossly negligent, a successful claim or lawsuit is possible.
Gross negligence goes beyond a simple mistake or oversight. It’s a dangerous action, or lack of action taken by an agency or its employees that puts visitors at extreme risk.
An example could be a tree falling into a swimming hole where people dive, with the government agency knowing about it, but not warning anyone or removing the hazard. It could be knowing that a pedestrian bridge was failing, but not blocking it off or fixing it.
If someone gets hurt, gross negligence could be proven, and victims could get around the legal protections for government agencies. A skilled California premises liability lawyer can help victims gather evidence and seek justice and support.
Find Out: The Deadlines for filing accident claims against the government.
How to Gauge Your Need For a Lawyer
If you are seriously hurt in an accident in a public place, and you feel a government department or employee was at fault, it’s a good idea to go over your options with a skilled attorney. Cases filed against a city, county, or the state can be very complex and come with very short statutes of limitations.
Know your rights and what your injury is worth! Contact Maison Law for a free case consultation to find out. It’s confidential, and it comes with no obligation.
There are also no upfront costs if you need to hire a lawyer. We aren’t paid unless we win your case. Then our fee comes out of the settlement the government is forced to provide.