Q: At summer camp, our next activity was touch football. The counselors were so keen to participate themselves, that they had not even given us alternatives. The game was being played on an asphalt parking lot, belonging to the school district. While running to catch a ball, I slipped on some sand. My father has learned that the school district knew that the city would use the parking lot for its camp, knew of the sand condition, and even understood that the sand could present a safety issue for us.
A: Your participation in the game was not entirely voluntary. In addition, the active participation of the adult counselors unreasonably increased the risk of something going wrong. So the city will have a hard time if it contends that, by joining the game, you assumed, i.e. took on, the risk of an accident such as occurred. As for the school district, a landowner has a general duty to maintain its property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk. Where a landowner has actual knowledge of a recurrent dangerous condition in a specific area, it may be charged with constructive notice of each specific recurrence of it. It appears that district is liable, too – for failing to maintain that parking lot.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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