Visitor Question

Is park liable for my injury?

Submitted By: Amy (Portland, Indiana)

I was attending a 4th of July 2013 celebration at a city park. I was walking across the grass to an amphitheater when my left foot went sideways in a uneven sloped spot that may have been caused by a vehicle used prior to this day. There are tire marks in the grass.

The spot where the injury occurred is hard to see because of the grass. My left ankle went sideways and stuck causing me to fall backwards. I broke my ankle distal fibula (I think that’s what it’s called). I had to have surgery on July 8th, 2013. I am on pain pills now, and use a wheelchair and walker. I have a followup visit to the Dr. on July 18, 2013.

Does the park have any responsibility for my injury? How would I pursue compensation for all my medical bills and pain? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Amy,

The City of Portland should be responsible, or “liable” for your injuries. Injury claims against municipalities are pursued differently than those against non-governmental entities. To pursue your civil injury claim against the city you’ll first have to file a “tort claim” action.

Some injury cases can be handled without the advice and counsel of a personal injury attorney. Those cases are normally “soft tissue” injuries and include strains, sprains, minor bumps and bruises, and the like.

Broken bones are not soft tissue injuries. They are more serious and require legal expertise. Your attorney will be able to take depositions of city employees responsible for the maintenance of city parks, subpoena city records, and otherwise do a great deal more to assure your claim will be settled for the highest amount possible. Additionally, attorneys have the ultimate leverage tool – they can file lawsuits.

Consult with several personal injury attorneys. Most will not charge for an initial office consultation. You have nothing to lose and everything to gain by doing so.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 13, 2013

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
array(1) {
  object(WP_Term)#2437 (11) {
    string(76) "Filing Claims for Injuries in Public Places and On Government-owned Property"
    string(11) "page_id_244"
    string(12) "icc_qa_group"
    string(0) ""
    string(3) "raw"
    string(3) "171"

Leave a Reply

Your email address will not be published. Required fields are marked *