What To Do If I Get Hurt in Silver Springs State Park?
Bill Allen | September 30, 2024 | Personal Injury
Silver Springs State Park is a beautiful 4,000-acre public park located in Marion County, Florida. It is a hub for recreational activities for both locals and tourists alike. Although you could be forgiven for mistaking it for paradise, it has its dangers, and people get hurt there every year.
Understanding what to do if you get hurt while in Silver Springs State Park can help you be better prepared.
Dangers
The following is a list of some of the most common ways that people get hurt in Silver Springs:
- Wet surfaces (slip and fall accidents)
- Uneven terrain (slip and fall accidents)
- Boating accidents
- Drowning
- Alligator encounters
- Snake bites
- Heatstroke
- Insect bites and stings
- Falling trees or branches
- Weather hazards
- Fire-related injuries
- Camping hazards
- Car accidents
This list is nothing more than the tip of the iceberg.
What to Do in the Immediate Aftermath of Your Accident
Take the following steps, or have your friend or partner do so if your injuries prevent you from taking these steps yourself.
- Seek immediate medical attention. Don’t assume that you’re not injured just because you don’t have any symptoms. Some injuries, such as traumatic brain injury, might not manifest symptoms for hours afterwards.
- Gather evidence. Photograph anything you think might help you win a personal injury claim. At the very least, you should photograph the scene of the accident and your injuries. Be sure to preserve the clothing you were wearing at the time of the accident.
- Report the accident to park authorities as soon as you can. Ask them to create a written report and send you a copy.
- Notify your insurance company. You should do this even if your insurance company will not be paying your claim. In fact, the terms of your insurance policy may require this.
- Contact a Florida personal injury lawyer to schedule a free initial consultation. It’s OK if you’re not sure whether you have a viable claim.
Once you retain a lawyer, they can advise you of many other steps you need to take. They may be able to take most of these steps themselves.
Premises Liability
If you have a personal injury claim against Silver Springs State Park, you can probably frame it as a premises liability claim:
- Duty of Care: The owner or operator of real property must keep the premises in reasonably safe condition. That might mean inspecting the property, maintaining it, repairing any dangerous conditions, and warning of any dangers that the owner cannot repair.
- Breach of Duty: To establish breach of duty, the victim must prove that the park knew or should have known about the dangerous condition and failed to remedy it.
- Causation: The park’s breach of duty must have been the proximate (foreseeable) cause of the injuries you suffered.
- Damages: ‘Damages’ means losses, such as medical expenses or pain and suffering.
Special procedures and limitations apply to lawsuits against Silver Springs State Park (see below).
Park Ownership and the Florida Tort Claims Act
The Florida Department of Environmental Protection (DEP) owns and operates the Silver Springs State Park under the Division of Recreation and Parks. Since the park is owned by the Florida state government, the Florida Tort Claims Act applies to lawsuits against the park. The Act erects barriers that make it more difficult to sue the state government than to sue a private party.
Claims Procedure
The following special procedures apply to suing any Florida state government entity, including Silver Springs State Park:
- Notice Requirement: You must submit a written notice of the claim to the Florida DEP and the Florida Department of Financial Services. Your lawyer can help you draft this notice.
- Waiting Period: Once you submit your notice of claim, there is a 6-month investigation period before you can file a lawsuit, unless the state government denies your claim before this six-month period expires.
Warning: Time limitations differ from the normal statute of limitations period. Talk to your lawyer about this.
Talk to a Florida Personal Injury Lawyer
No matter what the nature of your injury, you’ve got a better chance with an experienced Florida personal injury attorney than without one. You’ve got little to lose, since under the prevailing contingency fee system, you only pay attorney’s fees if you win.
Contact Our Gainesville Car Accident Lawyers at Allen Law Accident & Injury Lawyers in North Central Florida
If you need legal assistance, contact the Gainesville car accident lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today.
We have three convenient locations in North Central Florida:
Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652
Hours: Open 24 hours daily
Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292
Hours: Open 24 hours daily
Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258