Injured at a county park
UPDATED: Aug 26, 2016
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Injured at a county park
A branch fell on my head at a county park. i reported it 1 week later since the pain
became unbearable, my wife witness the accident. The ark insurance company
gave me the run around said it was an act of God and denied my claim. Ive done
about 1 1/2 year of treatment out my own pocket. Can i sue the park and insurance
company. Ive done all the work with no lawyer so far but now I’m kind of stuck.
Asked on August 26, 2016 under Personal Injury, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
While whether it was an act "of God" depends on your relgious views, the fact remains that it was almost certainly something the park had no control over and bore no fault for: branches die and fall in the woods and parks naturally, all the time. Unless you believe the park caused or contributed to the branch falling and, more importantly, believe you have evidence proving this (since if you can't prove it in court, it doesn't matter what occured--evidence is everything), the park is not liable. Liability is based on fault in personal injury cases: a property owner or renter, a business, a government entity, etc. is not liable simply becasue they control the property where the accident occured. Rather, they must have been at fault in some way in causing or contributing to the accident to be liable. The situation you describe is one in which it is almost impossible to imagine the park was at fault; and if they were not at fault, they--and their insurer--are not liable.
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