Playgrounds Parks
This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Playgrounds Parks.For more information on playgrounds see the pages on Wikipedia.
Playgrounds Parks-Statutes
See Va. Code § 10-1-1600 et seq. as to Virginia Recreational Facilities Authority Act.
Playgrounds Parks-Cases
2003 Nelson v. Great E. Resort Mgmt., 265 Va. 9, 574 S.E.2d 251.
Plaintiff injured while snow tubing. Trial court improperly instructed jury that owner/operator of this recreational facility owed no duty to protect a voluntary participant from the inherent risk of this activity. In this case, jury question was presented as to whether defendant exercised reasonable care by allowing another rider to commence the ride before plaintiff had exited and further question existed as to failure to warn plaintiff of such risk. Plaintiff was not injured as a result of the speed of her ride, she was injured by collision with another rider in her lane. As such, trial court improperly granted defense instruction on doctrine of inherent risk. Virginia has never adopted this doctrine.
1992 Kendrick v. VAZ, Inc., 244 Va. 38, 421 S.E.2d 447.
Plaintiff fell while pushing merry-go-round at Holiday Inn playground. Plaintiff did not see hole in ground, but she testified hole was there because she felt her foot slip into it. Burden on plaintiff to establish that unsafe condition exists. Plaintiff failed to meet this burden.
