As some may or may not know there is a wrongful death suit playing out against the city after the the recent tragedy at Falls Park. Some in the legal world are watching this closely. Why?
Well, see, a few years back a guy jumped in a South Dakota public lake and suffered a spinal cord injury. He sued. He won (around $11 million). Next legislative session state law was changed so if you do something like that in a public park in South Dakota you can’t sue the state.
Fast forward to 2018. It will be curious what angle will be taken in this new case. How will the victim’s attorney (I hear it is Brendan Johnson) prove the city was liable for not warning visitors about the dangers of foam at Falls Park? How will personable responsibility play out in this case?
Some have argued that no amount of safety measures can protect people from their own ignorance at Falls Park. Maybe they are right?
There have been some good suggestions like memorial ‘Why Die’ signs. Others have suggested the signs warning of the dangerous waters were larger. Some have said fencing and special platforms. I have been suggesting for several years we have signs warning of the extreme toxicity of the water. It’s one thing to warn people about water turbulence, it’s whole other thing to warn people that the water is actually poisonous. I guess the EPA and the state DENR suggested this also to the former mayor and he refused to put up the signs because he didn’t want to ‘scare’ tourists. Isn’t that the point?
This case will be one to watch.
The Public Assurance Alliance will be funding the legal defense, and if they lose will have to pay out the claim. I suspect this may go all the way to the SD Supreme Court.