Photo Credit: Kaivac
Historically, federal, state, and local government entities managed to protect themselves from personal-injury lawsuits for injuries occurring on government property. Governments invoked sovereign immunity, which essentially means that the government cannot be sued.
But in 1948 sovereign immunity fell apart. Congress passed the Federal Tort Claims Act (FTCA), which effectively waived most of the government’s sovereign immunity rights. This action allowed people for the first time to sue government entities if people suffered an accident or injury on government property (or as the result of a government employee while on the job). Over time, this statute has filtered down to apply to state and local governments, as well as the facilities they operate, which would also apply to park and recreation centers.
Specifically, the FTCA applies to injuries such as the following: Slip-and-fall accidents suffered in government-owned or -operated buildings Injuries occurring in post offices, tax offices, and some federal buildings Falls in mass-transportation facilities operated by a government entity Drownings on government property Auto accidents due to poorly maintained highways or roads