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Re: Not Ob/Gyn: Lawyers! Gotta luv 'em!From: DoctorJoe@aol.comThu Jul 28 09:05:05 2005
In a message dated 7/28/05 12:10:08 AM, annam@uic.edu writes:
> I believe the parks, paths, and the area behind the But there's the rub. It's not "natural" any more. You put parks and paths and recreational areas around it. If that's the case, then you need to make it "safe." LOL What you do is, you pass a law (yeah, I know, "they oughta pass a law") denying liability for stuff like this. In La, for example, we have this: La. Rev. Stat. § 9:2795: ... B.(1) Except for willful or malicious failure to warn against a dangerous condition, use, structure, or activity, an owner of land, except an owner of commercial recreational developments or facilities, who permits with or without charge any person to use his land for recreational purposes as herein defined does not thereby: (a) Extend any assurance that the premises are safe for any purposes. (b) Constitute such person the legal status of an invitee or licensee to whom a duty of care is owed. (c) Incur liability for any injury to person or property caused by any defect in the land regardless of whether naturally occurring or man-made. . . . C. Unless otherwise agreed in writing, the provisions of Subsection B shall be deemed applicable to the duties and liability of an owner of land leased for recreational purposes to the federal government or any state or political subdivision thereof or private persons. . . . E. . . . (2)(a) The limitation of liability provided in this Section shall apply to any lands, whether urban or rural, which are owned, leased, or managed as a public park by the state or any of its political subdivisions and which are used for recreational purposes. (b) The provision of supervision on any land managed as a public park by the state or any of its political subdivisions does not create any greater duty of care which may exist and does not create a duty of care or basis of liability for personal injury or for damage to personal property caused by the act or omission of any person responsible for security or supervision of park activities, except as provided in Subparagraph (E)(2)(d) of this Section. (c) For purposes of the limitation of liability afforded to parks pursuant to this Section this limitation does not apply to playground equipment or stands which are defective. (d) The limitation of liability as extended to parks in this Section shall not apply to intentional or grossly negligent acts by an employee of the public entity ... There are a half-dozen or so more sections in this part of the law which remove liability (except for intentional acts) for such things as Mardi Gras parades, St. Patrick Day and other religious holiday parades, some of the marathons and runs, and etc. So if there's a problem with a "river running through it," you need to immunize that river, so to speak, against lawsuits. I would imagine San Antonio's Riverwalk area must have some laws in that regard. It looks awful easy for kids to fall in there. Joe P.
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