Sledding is a fun activity where people ride a sled down a slope in snowy conditions. There are certain requirements for enjoying this sport without problems. However, there are always times when you can get involved in a sledding accident. Understanding who is liable for an accident will help you better deal with the situation. Here are some interesting elements in this matter:
Premises liability is a concept that describes that the owners or the occupants of a real estate are responsible for ensuring that conditions are safe for everyone to move around the property. Any injury due to a hazard on the property creates a situation where a premises liability lawsuit may apply. Sledding is often carried out on snow-covered hills that are public property. This means that the city becomes liable for any sledding accident, especially when it is shown that there were no efforts to stop people from getting injured during recreational activities. There are three main reasons that are important for assessing liability:
Many cities and localities in the country have banned sledding just to stay away from the liability lawsuits. They may often place warning signs on hills that strictly state that it is not permitted to sled in the area. You cannot hold the city liable if you do not have permission. The same case goes with the private land where a property owner must give permission to enter their property and only then the owner becomes responsible for ensuring your safety.
Establishing ownership is important. Property owners are especially responsible for ensuring the safety of children on their property even if they enter the property uninvited. Similarly, sledding hills present in public parks must be maintained by the city and it can be held responsible in the case of a sledding accident due to lack of maintenance of the hill. Hiring a premises liability lawyer will help you prove that you or your children were not at fault for the accident.
Presence of Risk
The presence of risk when it is clear to observe means that you will be held responsible for a sledding accident. However, if the risk was hidden from the view or not mentioned clearly on the property, then you can argue that you were not aware of such hazards. Hidden tree trumps or other stuff present on the property may mean that the property owner is responsible but only if sledding was allowed on the property or public park.
What to Do?
The liability in a sledding accident either falls on you or the city according to the three factors that we have discussed. Regardless of your situation, you should immediately seek advice from an experienced premises liability attorney to make a compelling case. Knowledgeable lawyers are aware of the local and state rules and are in an excellent position to advise you on how to proceed your case for maximum coverage and to receive the ideal benefits.
Large cities in Illinois like Rockford allow sledding. When dealing with sledding accidents, you must immediately seek a premises liability attorney. Contact Fisk & Monteleone LTD. today at 815-209-9030 to schedule a free case consultation.