My wife and I attended a sporting event at the Georgia Dome on 11-21-13. Upon reaching the venue, we were directed into a parking deck by a uniformed police officer. We parked our car, and walked through Centennial Olympic Park to the game. Upon leaving the event, we walked back through the park only to find out the gates were locked where our car had been parked. With no other option, we scaled the 4 foot fence. My wife fell in the process and injured her knee. She had to go to the doctor today and missed work due to her patella tendon being damaged. Should the city of Atlanta be held liable for the injury for making us park in a certain area, but not giving us ample opportunity to get back to our vehicle?
2 Answers from Attorneys
Of course not. It was your choice, and only your choice, to try to climb a fence. It is not true you had no other option. It is not true that the city "made" you park in any certain lot. How did you get the car out?
This is classic City of Atlanta behavior. The city and its employees do ridiculous things all the time and get away with them for one reason--governmental immunity. Even if you were able to prove a case of liability against the City (truthfully you have a weak case because you voluntarily climbed the fence instead of seeking some other way to get the car out) the case against the City would be thrown out of court because you cannot sue the City for this kind of thing based on governmental immunity. Read up on governmental immunity on the web. It is archaic, unfair and should be abolished but nevertheless it still exists. If enough people like you get mad about it maybe we can get our governmental leaders to abolish it.