The Complexities of Proving Negligence in Public Venue Accidents

Some people may be confused as to what is a public venue. We know for example that city parks and libraries are government owned and available for use by all citizens, but some may be surprised to learn that officials are also responsible for the sidewalks and roads used to get there. If your injury occurred outside of a building a Missouri personal injury attorney can help you determine who is liable.

Proving Negligence

Just like with any other personal injury lawsuit, proof of negligence must first be established. It is not enough to hurt your ankle slipping on the steps of the coliseum, you have to show how those in charge of maintaining those steps knew of the possible risk and did nothing to prevent it. It is hard enough to prove such things against a person or business, substantially worse when attempting to prove it against the government.

Just this past week a Minnesota judge dismissed a wrongful death case against government officials based on causation. The victim was a young boy who died after contracting a parasite in a public lake. The judge overseeing the case felt that even though the Department of Health was aware of the parasites presence, they could not be held liable for a naturally occurring event. Plaintiffs plan to appeal the decision, but they will need a better demonstration of how the government was negligent in order to move forward.
On the other hand, a Missouri woman was successful in obtaining a $750,000 settlement after she broke her neck in a public place. The walkways were lined with benches and she lost her balance after sitting down on one. The basis of negligence rested on the fact that the bench had no backrest to prevent falls and that it was obvious that patrons would choose to sit down on them. The defense tried at first to claim that it was meant to serve as a ledge, not a seat, but with no warning signs or barriers in place this would not be clear to the public.

St. Louis Personal Injury Lawyers

Both of these cases are unique, but serve well to demonstrate how important proving prior knowledge of a risk in addition to not rectifying the problem is, in order for a personal injury lawsuit to be successful.
If you have any concerns or questions about an injury you sustained while on public property, it is best to discuss them personally with a St. Louis personal injury attorney at the Zevan and Davidson Law Firm. In cases that involve the government and its property, you will need the assistance to rightfully claim your compensation.

Call (314) 588-7200 to schedule a free consultation with an attorney.