Injuries & Deaths In National Parks

While most people associate visiting our national parks with a certain sense of freedom and exploration, in fact, the reopening of a number of these public parks after closures due to COVID arguably endangered public safety in some respects, as cuts in funding for the park service and a reduction in the number of trained park employees posed a certain amount of risk.

As a result, a number of dangerous accidents did occur: In fact, in late January, a federal judge awarded the family a deceased activist $10.55 million following her horrific death at a national park. She was killed due to the negligent maintenance of a gate, which was unlatched and after a strong gust of wind, swung open, slicing through the passenger side door and hitting the victim in the head; ultimately killing her. The United States conceded fault, providing damages to the victim’s husband and parents.

Exercising Reasonable Care & Employees’ Failure of Duties

While it is entirely possible that park staff could be found not to be liable in someone’s death when it comes to accidents in national parks, in this particular case, park employees were responsible for opening and closing the gate and securing the gate arms to their posts. At some point prior to the accident, while the gate was opened and the inbound gate arm was secured to its post, the outbound gate arm was not.

Claims brought included accusations of negligence per se, negligence, negligent infliction of emotional distress, and loss of consortium. The courts refer to this as a failure on the part of the park employees to exercise reasonable care to protect park visitors from conditions that present an unreasonable risk of harm. Performing the duties that they are responsible for include regularly inspecting and maintaining these gates and double-checking that the gate arms are secured to their posts, and there is no question that the unsecured outbound gate arm constituted a dangerous condition. As a result, the U.S. breached its duties owed to the injured plaintiffs, and this breach was the proximate cause of their loss and emotional distress arising from her spouse having witnessed such a horrific death.

Contact Us Today for Help

According to the National Park Service, a total of six deaths per week are reported in national parks. Every year, injuries and deaths occur in these parks around the country, including here in Georgia. When visitors engage in such activities as driving, hiking, swimming, etc., tragedy can occur, with drowning being the number one cause of death.

If you or a loved one has been the victim of an accident or wrongful death, contact our Macon personal injury attorneys at the Law Offices of Buzzell, Welsh & Hill today for a free confidential consultation.

Sources:

outtherecolorado.com/news/judge-awards-10-5-million-in-wrongful-death-case-at-national-park/article_d997c2a0-a0fa-11ed-961d-8ff64ee312c6.html

nps.gov/orgs/1336/data.htm#:~:text=The%20NPS%20mortality%20rate%20is,(844%20deaths%2F100%2C000%20people