Can You Sue a Public Park for Injury?

Key Takeaways

You may be able to sue a public park for injury if the government entity responsible failed to maintain safe conditions.
To succeed in your claim, you must prove the government knew or should have known about the hazard.
You must file your claim quickly, typically within six months of the injury.

If you’ve been injured at a public park, you might be entitled to sue—but only under specific circumstances. If a government entity responsible for maintaining the park failed to fix a known hazard or allowed dangerous conditions to persist, you may have grounds for a legal claim.

For example, if you tripped over a cracked and uneven sidewalk in a Sacramento park—a hazard the city had received complaints about but never addressed—you could be entitled to compensation for medical bills, lost income, and pain and suffering.

Cutter Law, P.C., helps injured Californians navigate these complex claims and hold the government accountable.

Quicklinks

How Are Government Entities Responsible for Injuries at Public Parks?
Common Types of Injuries at Public Parks
What Compensation Can You Get for Public Park Injuries?
How Long Do You Have to File a Public Park Injury Claim?
How Cutter Law Can Help

How Are Government Entities Responsible for Injuries at Public Parks?

City and county governments are responsible for making sure public parks are reasonably safe for visitors. The government may be liable when someone is injured due to poor maintenance or a known hazard. This falls under what California law calls dangerous conditions of public property.

Here are several ways a public entity might fail in its duty to maintain a safe park:

Failing to inspect the park regularly
Not addressing known safety issues in a timely manner
Failing to provide adequate lighting in walkways or restrooms
Not maintaining or repairing damaged playground equipment
Allowing dead or damaged tree limbs to remain in high-traffic areas
Ignoring broken sidewalks or walking paths
Not securing hazardous areas, such as steep drop-offs or exposed wiring

To succeed in a claim against a public entity, the injured person must show:

A dangerous condition existed on public property
The government entity knew or reasonably should have known about the condition
That dangerous condition caused the injury

Proving these elements can be challenging. Our experienced attorneys can investigate your case, gather evidence, and build a strong claim on your behalf.

Common Types of Injuries at Public Parks

Injuries at public parks can range from minor scrapes to life-altering trauma. The more serious the injury is, the more likely it is that pursuing compensation makes sense. These examples show how unsafe conditions can result in significant and preventable injuries.

Trip and Fall Injuries

Cracked sidewalks, uneven walking paths, and broken stairs are common trip hazards in public parks. When the city or county is aware of these issues but fails to make timely repairs, serious injuries can occur.

For example, a visitor might trip over a raised concrete section on a walkway that had been reported to the parks department multiple times. If the fall results in a broken ankle, head injury, or other significant harm, the injured person may have a legal claim against the responsible government entity.

Playground Injuries

Playgrounds are meant to provide fun and safe environments for children, but defective or poorly maintained equipment can quickly turn playtime into a tragedy. In some cases, structures may be improperly installed or fall into disrepair without being taken out of service.

Suppose a child falls from a platform due to a missing safety rail and suffers a spinal injury. In that case, the government entity responsible for the park may be liable, especially if it received previous complaints or inspections overlooked the danger.

Sports Injuries

Many public parks include open fields or courts for recreational sports like soccer, baseball, and basketball. The responsible agency must appropriately maintain these areas to prevent avoidable injuries. If the ground is uneven, filled with potholes, or littered with debris, athletes may face serious harm.

For instance, if a poorly maintained soccer field causes an adult player to trip in a sunken patch of turf and tear an ACL, the government entity may be held accountable, especially if it ignored previous complaints or maintenance logs show ongoing neglect.

Bicycle and Pedestrian Accidents

Walkers, runners, and bicyclists often share park trails and pathways. These routes must be kept safe to avoid serious injuries. If the pavement is cracked, obstructed, or uneven, the risk of accidents increases, particularly at higher speeds.

For example, a cyclist may hit a deep crack on an unmaintained path, lose control, and suffer a concussion. If the hazard had been reported or should have been discovered during routine inspections, the government entity could be held responsible for failing to correct the danger.

Swimming Pool Accidents

Swimming pools in public parks can pose serious risks if they are not properly maintained or supervised. Defective equipment, poor signage, and a lack of fencing or safety protocols can all contribute to devastating accidents.

For instance, a swimmer suffering a severe injury due to a broken or unsecured drain cover could become entrapped. If the prior inspections identified the problem or maintenance staff flagged it but failed to address it, the government agency responsible for pool safety could be liable for negligence.

Tree Accidents

Large trees add beauty and shade to public parks but can also be hazardous if not properly cared for. Overgrown branches, dead limbs, and weakened trunks pose serious risks to park visitors and passersby. If a city or county fails to conduct routine tree maintenance or ignores reports of dangerous conditions, falling branches can lead to catastrophic injuries.

Suppose a park visitor suffers a head injury from an untrimmed branch falling during a windy afternoon. The government entity could be liable for the resulting harm if the tree had been previously flagged as a concern.

What Compensation Can You Get for Public Park Injuries?

You may be eligible for compensation if you were seriously injured in a public park due to unsafe conditions. In California, injury claims can include both economic and non-economic damages.

Economic damages refer to financial losses that result from the injury. These often include the following:

Emergency medical treatment and hospital bills
Ongoing medical care and rehabilitation
Lost income from time away from work
Reduced earning capacity if the injury causes long-term impairment

Non-economic damages account for the less tangible impacts of the injury on the victim’s life. These may include the following:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Disfigurement or permanent disability

Our firm has extensive experience securing meaningful results for clients. In one case, attorneys Brooks Cutter and Margot Cutter obtained a $10,030,000 settlement during jury selection for a trip and fall accident that caused major injuries.

How Long Do You Have to File a Public Park Injury Claim?

Under the California Tort Claims Act, you must file a formal claim within six months of the date of the injury. This is a much shorter deadline than the standard personal injury statute of limitations. Missing it can mean losing your right to seek compensation entirely.

Given the strict deadline and procedural requirements, speaking with an attorney as soon as possible after the injury can protect your ability to pursue a claim.

How Cutter Law Can Help

Navigating a claim against a government entity is rarely simple. Injured park visitors often feel overwhelmed by strict deadlines, specific filing procedures, and the complex burden of proof. That is where Cutter Law comes in.

Our attorneys will investigate, identify which government agency is responsible for the park, file your claim correctly and on time, and gather the necessary evidence to support your case. We know what it takes to prove negligence in public property cases, and we handle all communication with government representatives so you can focus on healing. We will negotiate for a full and fair settlement. If we can’t reach an agreement, we will litigate your claim aggressively.

If you or a loved one has been injured by a hazardous condition at a California public park, contact Cutter Law today for a free consultation. We are here to fight for the justice and compensation you deserve.

Legally reviewed by

Brooks Cutter
Founder of Cutter Law

Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.

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