In a cause for negligence arising from a child's injury in a park or playground there are some exceptions to holding a park owner liable. For instance, an owner or lessee who provides the public with a park area for outdoor recreational purposes on which no commercial or other activity for profit is conducted, owes no duty of care to keep that park area safe for use or to give a warning to persons entering or going on that area of any hazardous conditions, structures, or activities thereon. Additionally, this exemption from liability applies to water area leased to the state for "outdoor recreational purposes," which includes but is not limited to: hunting, fishing, swimming, boating, camping picnicking, hiking, pleasure, driving, nature study, water skiing, and motorcycling.
However, a West Palm Beach Child Injury lawyer will advise a plaintiff that this exemption does not apply to parks owned and operated by municipalities. It also does not relieve any person from liability arising from a deliberate, willful, or malicious injury to persons or property. For example, a municipality could be held liable for the injuries sustained by a child at a public park who fell into a concealed hole while walking across a strip of grass located between the park sidewalk and an adjoining street, because the statute limiting liability does not apply to governmental entities.
If your child that has been injured on a playground or park due to the negligence of a muncipality, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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