The government of Louisiana has passed several laws that limit recovery for personal injuries suffered on land used for recreational purposes. This includes specific regulations surrounding lands owned, leased, or managed as a public park by the state or its political subdivisions. As a result, when a personal injury occurs in a New Orleans area public park, the circumstances must be carefully examined to determine if there is any right to recovery.
Basically, Louisiana law provides that when landowners permit use of land for recreational purposes, they do not thereby incur liability for a personal injury caused by any defect in the land. This applies regardless of whether the defect was naturally occurring or man-made. The major exception to this regulation occurs when the landowner engages in willful or malicious failure to warn against a dangerous condition, se, structure, or activity.
There are, however, two other exceptions that have specific application in cases involving public parks. First, this limitation on liability does not apply to playground equipment or viewing stands that are defective. As a result, when a child is injured on defective playground equipment, a right to recover damages for that injury exists.
Second, the limitation also does not apply to intentional or grossly negligent acts by an employee of the public entity. This does not, however, mean that the mere presence of a person responsible for security or supervision of park activities creates any greater duty of care. The actions of the public employee that led to the personal injury must be intentional or grossly negligent before damages may be pursued.
If you have suffered a personal injury and have any questions regarding what party you should proceed against, please feel free to call our office at 504-581-6411 or 877-581-6411. We would be happy to help you.