One of the most common activities for families with children is to take their kids to the park. When city officials fail to maintain a public park in a safe condition, however, the children can face devastating injuries or even death. If you or your child were injured on public property, you may be entitled to compensation for your injuries and expenses. Bringing a premises liability lawsuit against a government entity can be more complex due to statutes providing government officials with immunity from liability in some instances. Contact our Charlotte premises liability lawyers today to start learning about your potential case.
Recently, the North Carolina Court of Appeal considered a case in which a child who was 18 months old suffered severe burn injuries when he fell on a metal skate park ramp that had become hot from sun exposure. The parents brought a complaint against the city that maintains the skate park and the manufacturer of the metal ramp alleging that the metal ramp was a dangerous condition and that the city and the manufacturer failed to provide a warning that the metal ramp could become dangerously hot due to sun exposure.
The manufacturer filed an answer asserting several affirmative defenses, including intervening negligence of a third party, the babysitter who was supervising the minor at the skate park. The city raised similar defenses and alleged that the plaintiffs did not establish a viable claim against the city. The city later filed a motion to dismiss on the basis that it was entitled to immunity under N.C. Gen. Stat. section 99E-21, et seq., and that the plaintiff’s complaint failed to establish negligence or gross negligence on the part of the city. The lower court granted the motion and the plaintiffs appealed.