People laying out in Central Park during Memorial Day Weekend. Photo: Ryland West/ALM Governmental Liability for Maintenance of Parks
This article addresses how recent cases have shown that the courts may be eroding the strict interpretation of governmental liability in government-owned parks.
August 30, 2023 at 12:00 PM
9 minute read
In the early 20th century, the State of New York had almost complete sovereign immunity from negligence claims. Only those claims specifically allowed by statute could plaintiffs recover against the State. In Smith v. State, 227 NY 405 (1920), the court held that a plaintiff injured because of the negligence of State employees in placing a wire across a walkway in a state park was barred from recovering because the State had not made an express waiver of the State's immunity from liability for the tortious acts of its officers and agents.
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