When one assumes a duty that would not otherwise occur under existing law, one may assume a responsibility to execute that duty in a non-negligent fashion.
Before any diversion of public parkland can occur, local government may have to strictly comply with procedural restrictions imposed by state and federal law.
While rope swings pose an obvious and easily avoidable risk of harm, a public agency may still have a general legal duty to discover and remove hazardous debris from the premises within a reasonable time.
In many instances, the boundaries between public parkland and surrounding private property are not clearly delineated.
Pokémon Go arrived on the scene in July 2016 and, across the country, the unanticipated popularity drew thousands of visitors to public parks and places to play the game.
As illustrated by the “City of Charlottesville” and “Forsyth County” decisions described herein, demonstrations and counter-demonstrations can create challenging First Amendment concerns for public park and recreation agencies.
In Missouri, the state’s Department of Natural Resources administers a “Scrap Tire Program,” which offers reimbursement grants to qualifying nonprofit organizations that purchase playground surfaces made from recycled tires.
There are two sets of rules for determining whether a public facility complies with the accessibility requirements under the Americans with Disabilities Act (ADA).
Negligence liability is more likely when one’s conduct falls below that which would generally be considered reasonable care under the circumstances.
Do youth sports organizations have a legal duty to conduct criminal background checks of all adults who would have contact with children involved in their programs?
In light of ongoing calls for increased federal spending on infrastructure projects, parks and recreation should be familiar with the regulations and administrative process associated with Section 4(f).
Can a city or town’s municipal ordinance regulating commercial activity, specifically commercial photography, within its parks be a violation of expressive activity protected by the First Amendment?
Who determines whether gun owning groups and individuals can legally carry firearms in parks?
Why are acts that would result in tort liability for negligence on a city street or in a backyard, not negligent in the context of a game where such an act is foreseeable and within the rules?
Can National Park Service regulations restrict the areas open to expressive activity during the presidential inaugural parade in Washington, D.C.?
Is the landowner liable for injuries sustained by a recreational user who dove into waters of unknown depth?
In most states, recreational use statutes (RUS) have been enacted to encourage private landowners to open their land, free of charge, for public recreational use.
Political and economic pressure at the state and local level constantly threaten to divert public park and recreation resources to inappropriate nonrecreational uses.
Would requiring employees at a summer camp to administer seizure medication (Diastat) through a rectal syringe in the event of a seizure emergency be a reasonable ADA accommodation?
For recreational injuries in public parks and recreation, what is the scope and applicability of limited immunity under a state recreational use statute (RUS)?
Could the failure to acquire or utilize available AED technology provide a basis for negligence liability?
Environmental review under state or federal law, as illustrated by the court opinion in he case of Sierra Club v. City and County of San Francisco, is generally more procedural than substantive.
Balancing resource preservation — in this case, a mountain goat — and visitor safety in Olympic National Park.
Jurisdictional variations in “open carry” gun laws complicate agency and employee responses to citizens openly carrying guns in park and recreation facilities.
The case of Class v. Towson University illustrates the tendency of federal courts to defer to the reasonable medical judgment of an agency’s designated physician when an “otherwise qualified” and/or “direct threat” determination for a disabled participant is based on competent and individualized medical evidence.
Panhandling bans in the revitalized downtown areas in many cities and states are facing legal challenges on First Amendment grounds — case in point, the Massachusetts court case of McLaughlin v. City of Lowell.
Traditional holiday displays in public parks have increasingly generated contentious constitutional law challenges.
Are public recreation facilities required by law to provide separate changing areas for transgendered individuals?
Can women who choose to go topless claim protection under the First Amendment? Read on to find out.
Attorney and George Mason University Professor James C. Kozlowski details the intricacies of competitive bidding fairness in a concession contract.
Can a park be held liable if, while camping, you sustain injuries from a tree falling on your tent?
What does the Americans with Disabilities Act cover and how is the law applied when individuals struggling with mental health issues wish to participate in group fitness courses?
A municipality must take caution not to relinquish control of public land when entering into partnerships.
Who is liable when a player is injured during competition, and where does the responsibility for that athlete’s health and safety after an injury lie?
Liability exposure is only one of many considerations in managing public park resources.
Some parks are implementing bans on adults unaccompanied by children in an effort to provide an enhanced level of safety for young people.
Even the threat of litigation can have a major impact on what type of equipment is permitted in neighborhood parks and playgrounds.
What is discrimination and when does it become a civil rights issue?
When is it appropriate for a high school football player to wear a helmet and mouthguard to practice, and who is responsible for making sure the athlete is in compliance with those rules?
When a group of Christian evangelists causes a disturbance at an Arab festival, what legal standing does the government have to quash their message?
In recent years, most jurisdictions have enacted legislation requiring sport coaches to be trained to recognize the signs of a concussion, but what happens when those symptoms are ignored and serious injury results?
We know to keep our eye out for fly and foul balls at a baseball game, but what about flying food?
The case of City of Cleveland v. McCardle highlights the most recent decision in of a long line of court opinions arising from the Occupy Wall Street Movement, which saw hundreds of protesters set up camps and gatherings in parks across the country.
When a law enforcement officer detains a leash law violator in a California park, what legal options does she have to detain him?
When a park visitor is injured at a flood-control lake, is the park protected by the Flood Control Act?
When a child is seriously injured while using playground equipment, is the manufacturer or the park agency responsible for any damages?
When employees are unable to perform to their previous levels of ability due to injury, do their employers have a case for dismissal?
Limited landowner liability and a state recreational use statute are put to the test in an Ohio park.
Conservation advocates concerned about the removal of thousands of trees on national parkland butt heads with resource managers.
Government landowners are generally not held liable for unforeseeable criminal assaults in public parks and playgrounds.