Sep 17, 2024
Q: The National Park Foundation received a $100 million grant, the largest in its history. So, I would like to know who regulates our national parks, and also what is the National Park Foundation? W.L., San Gabriel Ron Sokol A: First, let’s start with the National Park Service. It is a bureau within the Department of the Interior (thus, an agency of the federal government). The Interior Department’s assistant secretary for Fish, Wildlife and Parks oversees the operation of the NPL, which Congress created in 1916. To provide a means by which private citizens may support the national parks, Congress in 1967 established the National Park Foundation as the official charity for the NPS. The objective is to “further the conservation of natural, scenic, historic, scientific, educational, inspirational, or recreational resources for future generations of Americans.” The NPS (the federal agency) has approximately 20,000 employees, with more than 250,000 volunteers. The agency’s focus is on 431 areas spanning more than 85 million acres across the United States, as well as the District of Columbia, American Samoa, Guam, Puerto Rico and the Virgin Islands. These areas include military parks, historical parks, monuments, battlefields, lakeshores, seashores, recreation areas, scenic rivers and trails, among other facilities. The $100 million grant that you referenced was from a private philanthropic foundation created by the family behind Eli Lilly and Company. The National Park Foundation indicates it will seek to utilize the donation in a number of positive ways, such as to conserve and maintain parks by preserving ecosystems, creating more youth opportunities, and elevating the history of underrepresented communities. Bottom line, our varied national parks are often described as national treasures. Their maintenance and care is truly important. Donations from private parties can indeed help. Q: I am sad to say my mom (she is 56) slipped and fell on a walk path at a national park. She has a real problem now with her leg and ankle. We feel the path was not sufficiently maintained and plan to hire a lawyer to pursue her claims. Can you give us any guidance? G.P., Torrance A: There are millions of folks who visit our national parks each year. Research shows that injuries (including death) unfortunately do occur on occasion. Before addressing your mom’s claim(s), here are some recommended safety suggestions: Don’t go near the edge; don’t pose with wild animals; don’t break the rules (and make sure to know the rules); don’t fly drones; and don’t feed wild animals. When your mom fell, did she report the incident to park officials? Since the park is part of the federal government, there is a deadline and format by which to submit a tort claim. Failure to make the claim in time may bar the claimant from pursuing any claim. Here is a useful link online to review: forbes.com/advisor/legal/personal-injury/federal-tort-claims-act. It is not unlikely your mom’s claim to the government will be denied (or deemed denied if not acted upon within a set period of time). Denial is not a sign the claim is without merit in any given instance. The government often is going to put claimants through the proverbial hoops. In addition, the government has various defenses. One unique defense is referred to as the “recreational use statute,” which provides that if a landowner allows the public to use its land recreationally at no cost or low cost, the landowner is not liable for personal injuries sustained there. This defense is in addition to arguments the government has akin to those of a private party (such as, there was no notice of a dangerous condition, the injured party was careless, and there was sufficient warning posted). The process of suing the government, which requires compliance with the Federal Tort Claims Act, is not a “walk in the park” (no pun intended). Thus, in my view, your mom should carefully go over the circumstances with a qualified lawyer, and do so promptly if she already has not. Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional. Related Articles News | What is a liquor license and how do I obtain one? Ask the lawyer News | How can we collect the judgment? Ask the lawyer News | Can someone become president for life? Ask the lawyer News | Can the US Supreme Court be reformed? Ask the lawyer News | Ask The Lawyer: Why should we make a policy limits demand?
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