More fallout expected from Neb. Supreme Court ruling on liability

November 5, 2006

Skate parks across Nebraska, such as those in Fremont, Norfolk and North Platte, are the first casualties of a state Supreme Court decision about liability and insurance coverage, many are saying.

The Nebraska Supreme Court ruled in late September that cities could be held liable for injuries or damages sustained in places like parks, pools, and
athletic fields. Cities now owe the public the same level of care at recreational sites as they do

at any other site owned by the city.

“If someone is injured doing anything at a city park, they can more easily bring a lawsuit against that city,” said Johnnie R. Miller, director of the League Association of Risk Manage-ment, an insurance cooperative for Nebraska cities.

In Fremont, that means the sledding hill, sand volleyball courts and playground equipment at a city park bring potential lawsuit threats.

The potential liability for taxpayers is too great to allow business as usual, said Alan Moeller, assistant vice chancellor for the university’s Institute of Agricul-ture and Natural Resources.

In Yutan, members of its city council chose last week to wait before deciding whether to build a new skate park.

Source: Associated Press

Topics Legislation

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