What Happens If You Get Hurt in a State or National Park?
- Poorly maintained grounds and hazardous conditions often cause injuries in state and national parks.
- The FTCA and CTCA allow individuals to file lawsuits against federal and state government entities.
- There are strict requirements and deadlines for filing claims against the government when injured in a public park.
- An experienced injury attorney can help you seek damages if negligence caused your injuries.
If you’re injured in a national park or state park in California, filing a legal claim for compensation can be more complex than other personal injury cases. The government owns these protected lands, and unique laws can affect park injury victims and their ability to recover damages.
Whether your injury was caused by a government employee, another visitor in the park, or a negligent third party, you have rights and legal options to seek justice. An experienced injury attorney at Cutter Law can help you gather evidence, prove liability, and take steps to demand the compensation you deserve. Contact us to schedule your free consultation with our team.
- Common Injuries That Occur in State and National Parks
- Can You Sue a Government Agency for Injuries in a Park?
- Suing After an Injury in a California State Park
- What If You’re Injured in a National Park Like Yosemite or Sequoia?
- Exceptions and Limitations to Know
- What To Do Immediately After an Injury in a Park
- How a Lawyer Can Help With a Park Injury Case
- Contact Cutter Law If You Were Injured in a Park
Common Injuries That Occur in State and National Parks
State and national parks offer opportunities for hiking, biking, boating, and other recreational fun. While these activities can be risky, injuries are more likely to happen when park grounds are not well-maintained.
Common state and national park accidents and injuries include:
- Motor vehicle accident injuries
- Slip and falls from unmarked or damaged trails
- Injuries from falling branches, rocks, or debris
- Accidents in poorly maintained buildings or structures
- Injuries from park vehicles or equipment
- Lack of or delayed response from emergency services
- Animal or wildlife attacks due to a lack of warning
According to the National Park Service (NPS), the leading cause of unintentional deaths in national parks is motor vehicle crashes, followed closely by drownings and falls. Unsafe conditions within campsite areas, visitor centers, and park roads can also lead to serious injuries. In some situations, a park employee or the managing agency’s negligence could make them liable.
Can You Sue a Government Agency for Injuries in a Park?
Under the Federal Tort Claims Act (FTCA), you may file an administrative claim against the federal government if a federal employee’s negligence caused your injuries or property damage. If your claim is denied or not resolved within six months, you may then pursue a lawsuit in federal court against the NPS or another responsible government agency.
If you were injured in a California state park, the California Tort Claims Act (CTCA) allows park injury victims to file a lawsuit against the government in these cases:
- A government employee was negligent.
- An independent contractor was negligent.
- The government failed to carry out a legal duty.
- There were hazardous conditions on government property.
Suing After an Injury in a California State Park
If you were injured in a California state park, such as Big Basin Redwoods, Mount Tamalpais, or Anza-Borrego Desert, you may have grounds to sue the California Department of Parks and Recreation. However, you must follow strict filing requirements, procedures, and deadlines to avoid denial of your claim.
Deadline To File a California State Park Injury Claim
The CTCA sets a deadline of six months from the date of the injury to file a claim against a California government agency. You must give notice within that time or risk losing your right to recover compensation.
What the Claim Must Prove
Your park injury claim must establish these elements of negligence to prove the government agency is liable for damages:
- Duty: The state park has a duty of care to maintain reasonably safe conditions and warn visitors of known hazards.
- Breach of duty: You must show how the government agency failed in its duty. For example, trails were not properly maintained, or there was no warning of falling rocks.
- Causation: Next, you must connect how the government’s failure directly caused your injury.
- Damages: Lastly, you need to include your damages and the amount you’re claiming for your losses.
After Your Claim Is Reviewed
The government entity has 45 days to review your claim and respond. If there is no response or the government denies all or part of your claim, you may move forward with a lawsuit. You’ll have six months to file a lawsuit if the claim was denied. Otherwise, California’s two-year statute of limitations will apply to your lawsuit.
What If You’re Injured in a National Park Like Yosemite or Sequoia?
Yosemite National Park, Sequoia National Park, and other national parks in California are under federal jurisdiction and managed by the NPS. Requirements for filing government claims after an injury fall under these FTCA procedures:
- You must first file an administrative claim with the NPS.
- The deadline to file a claim is two years from the date of the injury.
- If the administrative claim is denied or unresolved after six months, you can sue for damages.
- The case is tried in a federal court rather than a state court.
When filing your claim, it’s crucial to understand what the federal government can be held liable for, including failure to maintain trails and facilities, inadequate warnings of known hazards, and poor vehicle signage or road conditions.
Examples of FTCA Lawsuits
Examples of possible FTCA cases that involve national parks include:
- Premises liability claim: Dangerous conditions in a public park building or on park grounds caused a slip and fall accident.
- Negligent federal employee claim: A park employee was careless and created a hazard while performing his official duties. This hazard led to a person being injured.
- Motor vehicle accident claim: The NPS failed to maintain safe roadways in a national park, causing a collision and injuries.
Exceptions and Limitations to Know
Although the FTCA and CTCA provide a way to take legal action against public entities, the government may not be liable for all injuries. You may not qualify to claim compensation if:
- Injuries occurred during inherently dangerous activities, such as rock climbing
- The discretionary function exception applies, stating that the government is not liable for policy-based decisions
- There is a lack of evidence to support your claim
- Injuries were caused by acts of nature and not negligence
What To Do Immediately After an Injury in a Park
If you are injured in a national or state park, take these steps to keep yourself safe and protect your rights:
- Seek immediate medical attention, even when your injury seems minor.
- Report your injury to a park ranger or other park authority as soon as possible.
- Document the scene and your injury by taking pictures or videos.
- Collect contact information of witnesses or staff members.
- Preserve physical evidence from the incident whenever possible.
Claims against government entities can be complex and challenging for inexperienced attorneys. Working with a trained injury lawyer who understands California laws can help you build a strong case that puts you in the best position to recover damages.
How a Lawyer Can Help With a Park Injury Case
Without a legal professional on your side, a case involving a state or federal government agency can be overwhelming. A lawyer provides the guidance and services you need to successfully file a claim, including:
- Determining which government agency is responsible for your injury
- Navigating strict FTCA or CTCA timelines and administrative processes
- Investigating the cause of the injury and collecting evidence
- Filing all documents and paperwork properly and within the deadline
- Negotiating a fair settlement that compensates you for your losses
- Representing you in court when necessary
Cutter Law is proud to help California victims and their families claim the full value of their damages after a serious park injury. Our experienced team of attorneys work together, offering everyone’s individual skills and experience to strengthen your case.
Contact Cutter Law If You Were Injured in a Park
If you or someone you love suffered injuries in a state or national park, our team is ready to help. We have decades of combined experience handling complex lawsuits in California, including government liability claims.
Contact us today to schedule a free case evaluation and learn more about our personal injury services. We have convenient office locations in Sacramento, Oakland, and Santa Rosa.
You may be able to sue a public park for injury if the government entity responsible failed to maintain safe conditions.
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