Earlier this year, an appellate court in Alabama issued a written opinion in a premises liability case that required the court to discuss the state’s recreational-use statute and determine if the defendant, a government entity, was entitled to immunity. Ultimately, the court determined that the plaintiff failed to establish that an exception to the general grant of immunity applied, and therefore the government entity was determined to be immune from liability.
The plaintiff was attending a July 4th celebration at a park that was owned and operated by the defendant city. The plaintiff arrived at the park by car and parked in a designated parking space. At the border of the parking lot were large vertical poles used to designate the parking area. These poles had holes at the top so that cables could be run through, connecting the poles. While on the day of the plaintiff’s injury there were no cables running through the poles, there were diagonal crossbars present used as support beams.
As the plaintiff exited her vehicle, she negotiated her way around the poles without incident. The plaintiff attended the firework display. However, on the way back to her car, she tripped on one of the diagonal support bars connecting the poles. She filed a premises liability lawsuit against the city, arguing that the poles and the attached support beams constituted a dangerous hazard and that the city should have warned park-goers.