Archive for the ‘Limited Damages’ Category

Root of the Problem

August 3, 2012

Connelly v. City of Omaha (Nebraska)
(Children were injured while sledding at a public park when they struck a tree, and their parents filed an action agains the city for negligence; liability was imposed against the city for failing to remedy an unreasonable risk of harm.)

The Nebraska Supreme Court determined that the City of Omaha should have realized that the trees in the area of the park used by the public for sledding posed an unreasonable risk of danger.  Moreover, the Court explained that the city should have expected that lawful visitors to that area of the park for sledding would fail to protect themselves against the danger posed by trees in the area.  Key facts in the litigation revolved around the city’s efforts to restore and renovate the subject park where the incident occurred about 10 year prior to the incident.  The city held public hearing opportunities, and issues relating to “sledding opportunities” were discussed in detail.  City officials also specifically debated issues regarding the placement of trees and how such placement could affect the sledding activities.  Several years later, many trees were planted at the park in an area previously identified as the location for sledding.  There was also an indication of prior similar incidents in the area.

The verdict from a bench trial was affirmed, and the children and parents were awarded damages.  The damages of all parties were subject to damage caps pursuant to Nebraska’s statutory scheme limiting the liability exposure of political subdivisions.

NOTE: Cases like this are a reason that government entities are hesitant to fully embrace recreational activities on public lands.  It ia also a lesson to government entities to carefully select their words while making a public record on issues relating to potentially dangerous conditions on public lands.  Unfortunately, the impact of cases like this extends far beyond these parties and the City of Omaha.

Sold!

June 21, 2007

Kocinec v. Public Storage, Inc. (Virginia-NOT PUBLISHED)
(Contents of Public Storage Unit Sold, Plaintiff Alleged Failure to Notify; Limitation of Liability in Storage Contract Enforced)

The plaintiff entered into a rental agreement with the defendant public storage facility.  The plaintiff made a late payment and was later informed that the contents of the storage unit were sold by the defendant.  Plaintiff sued for the value of the contents at $70,000, contending that the defendant failed to provide sufficient notice to him prior to the sale and that the defendant had failed to satisfy its statutory obligations.  The defendant argued that its damages were contractually limited to $5,000 pursuant to the rental agreement. 

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