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Originally Posted by Rumblyguts
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IN theory, couldn't the city be open for lawsuit for not choosing a "safe" hill with a propper run-out?
I also wonder about rural vs. urban thought prcesses as well.
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If you go back the original article that was on the BBC website, I think there's a flaw in the article. IMO, it's misquoting a Nebraska case (happened where I live) to make it sound like the city got sued because some kid randomly got hurt sledding.
In Omaha anyway, that wasn't the case. There's a well known sledding hill at a large city park here. The hill is maybe 1/3 to 1/2 mile long. You can really get some speed up on the hill.
The "Reader's Digest" version is someone in the Park and Rec department of the city wanted to plant trees on the run out of this sledding hill. The city had comments from both citizens and professionals that said if they planted trees, someone was going to get hurt. Someone in the city decided "We don't care. Nobody's going to tell us what to do. Plant the trees anyway." They did. A kid hit one of the trees and was paralyzed.
The parents of the paralyzed kid sued for negligence to cover medical expenses and won. They won in the initial trial and at every appeal. All the way to the State Supreme Court. IIRC, NE has a max damage limitation for cities of $2 million. That's what the city got sued for. That's what the city lost.
I'm not an attorney (maybe one of the attorneys here can comment), but I'm pretty sure you could take sledding out of this altogether. The city had information if they did something, there was a probability someone would get badly hurt. The city said they didn't care and did it anyway. Someone was paralyzed because of the city's actions. The paralyzed person sued for negligence and won.
The article said it was about sledding. Sledding was incidental to the whole deal. It was about negligence.