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State Statutes Limit Liability For Personal Injuries
I recently read a news article which told the story of a 26 year old man in Chicago who had attended a private party at a public swimming pool. The party was during a time when the pool was closed, but a pool employee allowed the party to take place. About thirty or so guests attended. The party ended and everyone left except for the 26 year old man, who, after becoming intoxicated, entered the swimming pool and drowned. It also turned out that he did not know how to swim.
Family Brings Suit Against City, But Who Is Liable?
The family of the deceased man filed suit against the city for negligence but one has to ask the question about where liability lies in such a case. In many states, including Idaho, the trier of facts, a judge or a jury, will apportion fault among all the parties. If one claiming injury is found to be 50% or more at fault, he or she is barred from any recovery as a matter of law. In the case of the young man, it is difficult to imagine any liability on the part of the city since the young man was attending a private party which the city had no idea was taking place.
Limited Liability for Recreational Activities
The State of Idaho has a number of statutes on the books that limit liability in cases where injuries occur during recreational activities. In an upcoming blog, I will review some of those statutes.
Bob Jacobson is a personal injury attorney in Boise, Idaho