Can I sue the (human feces filled) town park?

[joyceandjay]

What is the name of your state (only U.S. law)? Florida

Can I sue the (human feces filled) town park?
Today, my mom took my autistic child to the same park as usual, however when she went down the blue tubular slide, she came out the other end full of human feces, seems like some one took a crap on the inside of the slide. She was covered hair to shoes.

This is a huge park with all sorts of amenities, a huge play area for children, a baseball field and huge indoor gym with park rangers and the works.

I would like to sue the town who governs this public park for negligence to maintain a safe environment.

Also for failure to maintain a clean environment as the play area was littered with toilet paper.

Any thoughts and advice would be appreciated.
Thank you in advance for your help.

Joyce

[JETX]

Originally Posted by joyceandjay

I would like to sue the town who governs this public park for negligence to maintain a safe environment.

Of course you can sue them, as anyone can sue almost anyone else over almost anything.

However, in my opinion, your suit will very quickly be dismissed.

Reason #1: Governmental immunity. You have to first get their permission to sue.
Reason #2: They have no obligation to monitor their property on a 24/7 basis.
Reason #3: You have no case of negligence at all. In fact, a good argument could be made that YOU were negligent in not checking the equipment first and just assuming it was not 'dirty'.
Reason #4: You have no compensable 'damages'.

[joyceandjay]

Thanks for your prompt response.

I understand your point.

However, there is no way of checking the slide since it's a round enclosed tube unless you actually slide down it and encounter the feces.

Second, would that not fall under "failure to maintain a clean environment"?

So the tax payers dollars dont pay for the up keep of a public park?

[CourtClerk]

Originally Posted by joyceandjay

However, there is no way of checking the slide since it's a round enclosed tube unless you actually slide down it and encounter the feces.

Re: the bolded. If YOU, the potential plaintiff in the action is admitting that "there is no way of checking the slide," then how do you expect THEM to do it? Especially since you yourself said there is no way to do it?

[JETX]

Originally Posted by joyceandjay

However, there is no way of checking the slide since it's a round enclosed tube unless you actually slide down it and encounter the feces.

So how would you expect the city to check it??
Maybe they should put up barricades all around the park at 5am every day preventing anyone to enter the playground until they can send some illegal alien down the slide first??
Come on... use that thing separating your ears.

Second, would that not fall under "failure to maintain a clean environment"? So the tax payers dollars dont pay for the up keep of a public park?

Maybe you would agree to a 300% increase in your local taxes so that the city can provide 24/7 'feces police' (I can see their shoulder patches now) just to make sure the slides are clean. Hey, and what about the cat crap in the sandbox?? Or the dog crap on the grass?? Maybe you shouldn't let your children in the park at all??
Oh, and lets not forget about the gum stuck under the benches!!
Or those dirty diapers that have feces 'residue' from when the mother changed the diaper ON that bench 10 minutes before you sat there!!

Oh, DAMN!!... now I have to go wash my hands!!!

[cyjeff]

Last question....

After you discovered the human feces, whom did you call?

In other words, did you just leave it there for the NEXT child after you DID discover it?

[CdwJava]

If you were to somehow prevail in the lawsuit, I suspect the end result would be the city might remove the playground equipment as there is no way they can guarantee a "safe environment" on a 24 hour basis.

Yes, this is disgusting. But, you have to ask yourself, is it reasonable to assume that the city can maintain a safe environment in the park 24/7? Is it possible to do so without a drastic increase in taxes to pay for such 24 hour monitoring at all city parks?

The question will be whether the city acted negligently or whether they had made a guarantee of a safe and clean park somehow creating a special relationship. I suspect that will not be the case.

- Carl

[You Are Guilty]

I may very well have to change my user name here to "Feces Police-ese" thanks to this post.

[CourtClerk]

Originally Posted by cyjeff

In other words, did you just leave it there for the NEXT child after you DID discover it?

Nope, the kid got it all coming down the slide...

Questions:
How did the OP determine it was HUMAN feces?

How many people and how much bad food was consumed to have even a small child COVERED with feces from head to shoe? I mean come on... exaggerate much? If she came down the slide covered from head to toe, someone had a massive stomach flu and is somewhere dead because of all that crap that came out of them (excuse the pun - no, don't).

[justalayman]

Originally Posted by CourtClerk

Nope, the kid got it all coming down the slide...

Questions:
How did the OP determine it was HUMAN feces?

How many people and how much bad food was consumed to have even a small child COVERED with feces from head to shoe? I mean come on... exaggerate much? If she came down the slide covered from head to toe, someone had a massive stomach flu and is somewhere dead because of all that crap that came out of them (excuse the pun - no, don't).

I was thinking covered head to toe was more like a racing stripe application. You know, one side or the other yet head to toe.

I would like to address a point from the OP though:

Today, my mom took my autistic child to the same park as usual, however when she went down the blue tubular slide, she came out the other end full of human feces, seems like some one took a crap on the inside of the slide. She was covered hair to shoes.

I was wondering how she determined the child was full of crap. Seems like a mean thing to say about an autistic child.

[CourtClerk]

I'm sorry. I know the OP is probably serious about this...

but I can't stop myself from laughing.

[BlondiePB]

Originally Posted by CourtClerk

I'm sorry. I know the OP is probably serious about this...

but I can't stop myself from laughing.

Oh, crap......now my monitor needs cleaning.

[joyceandjay]

Thanks to all that responded with something constructive.

For the rest of you who's post was useless and insulting, GET A LIFE!

I see by the quantity of your posts you really must find something to occupy your time with, other than bashing on people and making fun of a very awful situation my child went thru.

I joined this forum thinking I was dealing with professional lawyers.

Seems like I was wrong, with the exception of a few.

Thanks

and by the way, I did make sure that the park ranger closed the area off so no other child would have to endure what my child did.

[CourtClerk]

Ahhh... I see that the OP came back NOT to answer the clarifying questions, but to have an e-tantrum. Whatever.

Sorry you didn't like the crappy answers. Go sue .

[xylene]

Children have "accidents"

Such is life.