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Jason R. Schultz P.C

Q:
Is the city liable if I broke my arm in a trip and fall accident at a public park?

A:

City liability for public park accidents can be tricky to navigate. The Georgia Tort Claims Act does not specifically waive liability for municipalities and other local governments, as it only applies to the state. But injured parties may have recourse in some cases.

If you or your child has been injured at a park, you may be able to bring a lawsuit against a government entity under the Georgia Tort Claims Act, which waives sovereign immunity for the state in some cases. The Act does not apply to counties or municipalities, but if you’re claiming city liability, its immunity may be waived by the General Assembly of the state.

Even when bringing a lawsuit, the government must be notified of the intent to file a lawsuit within a certain timeframe. When filing against the state or county, notice must be given within 12 months of when the injury was discovered; when filing against a municipality, it must be given within six months.

What To Do If Injured in a Public Park

There are situations in which it could be easier to sue if you are injured at a park. For example, if your child was injured because of a faulty piece of playground equipment, you may be able to bring a suit against the manufacturers of the equipment.

Premises liability laws can be tricky when applied to public parks, but that doesn’t mean you should give up on your case before doing some research. If you were injured at a public park, you may speak with Peachtree City personal injury attorney to review the specific circumstances of the incident and review potential for city liability.

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