child injured in city park

Portland, Or
my 3 yr old son was at the park on monday with his father riding his tricycle. they have a rather large concrete casting pond there which is approx. 4 ft. deep. on this day, it had been drained. his right back wheel went over the edge, causing him to fall in. there is no barrier around this pond, no signs posted to the danger. my son suffered a dislocated elbow and a very serious break above his elbow. he had surgery and has a pin through his elbow all the way up into his upper arm. i would have spotted the danger immediately and not allowed him near there. my husband did not see the danger since the water had been drained, he was not worried. a sign may have allerted him to the risk he was taking. i feel my husband is the neglegent one, but he may share the neglegence with the city of portland park. i want to do what is right and did contact the city and filled out an accident report with them. there was also a witness there. my husband also went back a few days later and took some pictures of the location. please give me advice regarding this issue. thank you.

[Edited by asil64 on 04-22-2001 at 08:13 PM]

[I AM ALWAYS LIABLE]

My response:

The State of Oregon, the County, and the City, are all "immune" from any liability because the "park" is for public, recreational, use. The only person who is liable, would be your husband for his failure to watch out for his own son - - but, because it was his son, he can't be sued for such injuries and damages.

Oregon Revised Statute section 105.682

"Liabilities of owner of land used by public for recreational purposes, woodcutting or harvest of special forest products. (1) Except as provided by subsection (2) of this section, and subject to the provisions of ORS 105.688, an owner of land is not liable in contract or tort for any personal injury, death or property damage that arises out of the use of the land for recreational purposes . . ."

This is virtually the same statute in all States. And, it makes sense. If public entities could be sued in such situations, there would be no parks, and States, Cities, Towns, and Counties would soon go bankrupt.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 04-22-2001 at 09:33 PM]