Salem, OR asked in Personal Injury for Oregon

Q: Do I have any kind of a claim against the national park service if I injured by an animal in the park?

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2 Lawyer Answers
Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Hillsboro, OR
  • Licensed in Oregon

A: Doubtful. Even if you did, you need to file a federal tort claim notice first.

Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: Like you go to Yellowstone and there are warnings all over the place that there are dangerous animals and you should not approach them but you do anyway? Probably no claim but you would have to talk to an attorney about the facts of the situation to determine this. But if you go to Yellowstone and you are staying in the Yellowstone hotel and the maid leaves the window open when she cleans your room and a bear crawls in the window, you may have a viable claim, but again, you would need to go over the facts with an attorney. Also be aware there are time limits called Statutes of Limitations so if this was a long time ago it may be barred by the passage of time. Addtiionaly, before you can sue the Federal Government you have to show that you met the strict requirements of the The Federal Tort Claims Act ("FTCA"). Read about it here: http://www.nolo.com/legal-encyclopedia/suing-government-negligence-FTCA-29705.html

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