With some of the oldest forests on Earth, Oregon is well-known for its breathtaking scenery and National Parks. While there’s a certain level of risk expected when going out into the wilderness, some dangers may be the result of a person’s negligence rather than natural occurrences.
It may be challenging to differentiate the two, so you will want to consult with an experienced injury lawyer about your situation. Attorney Richard Rizk has years of experience helping Oregon residents hold negligent parties accountable for their actions. With his knowledge and resources, he will be able to offer honest, trustworthy advice for your injury claim.
Who Is Responsible for Your Safety at a National Park in Oregon?
In most cases, if you are injured on someone else’s property due to their negligence, you would be able to hold them liable for your damages. However, due to the federal government’s ownership of National Parks, these areas are public property and make it very challenging to hold the federal government responsible for your injuries.
While you may still hold federal employees accountable, you may also want to look closer and find the specific individual, property manager, trail organizer, business owner, organization, or other party responsible for your injuries. For example, if a trail leads to a dangerous and unmarked location, you may be able to hold the trail organizer and property manager responsible for the damages you suffer due to their actions.
What Is the Federal Tort Claims Act?
If a National Park employee’s negligence results in your injuries, you have the right to pursue legal action with the protection of the Federal Tort Claims Act (FTCA). The Federal Tort Claims Act states:
“[…]individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee acting within his or her official duties may file a claim with the government for reimbursement for that injury or damage.”
Suppose you visit a national park, and an employee’s carelessness directly results in your injuries. You may have the right to seek reimbursement for your damages if your situation falls under the following FTCA qualifications:
- You suffered injuries or property damaged by a federal employee
- The federal employee was acting within the scope of their official duties when the injury or damage occurred
- The federal employee’s actions were negligent or wrongful
- The employee’s negligent act directly resulted in your injuries or damage
To file an FTCA claim, you must first file an administrative claim with the federal agency directly relating to your case. For national park injury claims, you must file a claim with the National Park Service to hold the employee accountable.
Because National Park injuries are complex and require legal advice tailored to your situation, it’s best to communicate with a responsive lawyer to learn more about who is responsible for your damages. Don’t hesitate and contact our compassionate and experienced Rizk Law lawyers today.
Speak With Attorney Rizk Law About Your National Park Injury Today
Oregon national parks are amazing opportunities to enjoy time out in nature. Unfortunately, when someone else’s negligence causes injuries, you may be unsure where to turn. Our Rizk Law lawyers understand the complexities of a national park injury claim and will evaluate and offer the best possible options for your case. Our firm is devoted to protecting those within our community and treating our clients like family.
By utilizing our resources and expert witnesses, we will provide the best possible outcome for your claim. As soon as you are able, call (503) 245-5677 or fill out our contact form to schedule a free consultation today.
