Eden Park in Cincinnati offers residents and visitors a mix of historic significance and entertainment, along with plenty of recreational space to play and picnic. Unfortunately, any large open area like Eden Park could contain both common hazards and unpredictable ones. But, if you suffer a personal injury there, who’s responsible?
Nestled near the Walnut Hills neighborhood, Eden Park is located on the site of a former vineyard owned by Nicholas Longworth, who named his property the Garden of Eden. Today, the park’s 1,459 acres, along with several other parks in the area, are managed by the Cincinnati Park Board.
A nature center; walking, bike and horse paths; an amphitheater; and a playground are just some of the attractions the park includes. You can play Frisbee, golf and sail miniature boats there. The park even sports a 172-foot-high water tower built in 1894, which the city now uses for communications.
Visiting the park for a day out or as a tourist destination is an opportunity to see and do new things — but there are potential dangers almost everywhere. If you are injured at Eden Park, what do you need to know about the possibilities of obtaining compensation for your injury?
Most visitors are aware they use public venues like the park at their own risk. But assuming such a risk doesn’t mean that those who maintain or share those venues don’t also owe you a reasonable effort to prevent injuries and other accidents. Those who do not make that effort may be found liable for injuries that occur as a result of their negligence.
Many kinds of accidents could occur at Eden Park, including a dog bite in the dog park, a slip or trip and fall off a structure, or an accident caused by hazardous or malfunctioning equipment on a playground. When injuries result, it’s important to determine who is at fault.
In Ohio, the rule of comparative negligence means that the court determines and compares the fault of all parties to an accident. This involves finding out how it happened and deciding who is financially liable. Consider the following examples:
- If you are bitten by someone else’s dog during your visit to the park, the dog owner could be liable if they did not take appropriate measures to restrain the dog. If the dog park had a hole in the fence, allowing the dog to escape a fenced-in area and subsequently bite you, Eden Park might share fault.
- If a structure or a piece of equipment your child is playing on suddenly gives way and causes injury, Eden Park may be liable for poor construction or maintenance. But if your child was not using the structure for its intended purpose or ignored an out-of-order sign, the park may only be partially liable, or not liable at all.
- If you’re injured while attending a staged event at Eden Park, and the event sponsor or permit holder’s failure to adhere to proper safety policies or follow other regulations led to the accident, they — as opposed to the City or Eden Park — could be found at fault.
Because of the details and timing involved with filing a claim against the City of Cincinnati, it is a good idea to talk to an attorney as soon as possible to discuss the specifics of your case and your options for compensation.