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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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