Slippery Slope Begins (or Ends?) in City of Omaha

Fearing increased exposure to lawsuits, the City of Omaha, Nebraska, recently announced that it is banning sledding at two local dams and ice skating and ice fishing on frozen ponds and lagoons throughout the city.

According to news reports, the city has been evaluating its parks and recreation areas for potential liability problems following a legal decision rendered last fall.  The Nebraska Supreme Court ruled that the state's Recreational Liability Act does not protect public entities from liability for injuries that occur at public parks and other recreation facilities.  The September decision reversed a 25-year-old precedent of shielding liability.

While acknowledging that the precautions may be unpopular, Omaha City Attorney Paul Kratz noted that they are necessary to protect the taxpayers of Omaha.  "The Supreme Court's ruling could essentially result in lawsuits that would cost the City of Omaha millions of dollars each year," he stated.

The extreme caution didn't sit well with one sledder, Rich Palmer, who has been bringing his boys to the facilities for seven years.  "I understand the city's liability concerns," Palmer said, "but I've never seen anybody injured out there."

The same Supreme Court decision prompted surrounding cities to shut down their skateboard parks.

A bill is expected to be introduced this year in the state legislature to protect public entities from liability for injuries at parks. The Omaha City Council has voted to support legislation to restore its liability protection.

—Source: Omaha World-Herald