Legal Question in Personal Injury in Missouri

Broke Fibula at Elephant Rocks State Park

I broke my fibula and tore a ligament while hiking at Elephant Rocks State Park. I had an open fixation surgery with six pins and a plate. There were no signs at the park warning of the dangers hiking (I've talked to other people hurt at that same park) nor was there a park ranger to assist me in getting down from the mountain 1500 feet or so. My doctor stated that it caused more damage putting weight on the foot. My question is can I file a lawsuit for pain and suffering and get a law passed that requires park rangers on site at these parks during park hours? Parks such as this and Johnston Shutin's are very dangerous and activities should be monitored. Please advise.


Asked on 5/13/05, 10:08 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Broke Fibula at Elephant Rocks State Park

First of all, I am sorry that you were injured. However, every person who is injured does not necessarily have a right to sue someone over that injury. Have you ever heard of a legal theory referred to as "assumption of the risk"? Generally speaking, a person who has every reason to know the inherent danger involved in an activity and proceeds in the face of that danger may be said to have assumed the risk in engaging in that activity. One rather extreme example would be a person knowingly driving down a street running alongside a golf course who's car is hit by an errant golfball does not get to recover from whoever hit that golfball because the driver is said to have assumed the risk. In any event, unless there is more to your story which gives you a recognized cause of action, I do not think that you have any chance at all of recovering compensation for your injury. Your question about having a new law made is entirely separate from all of this discussion. If you want to have a new law made, you should speak with your legislators. But, even if you suceed in this endeavor, the new law will not be applied retroactively so as to help you with the injury you received before the new law becomes law. I hope that this helps you understand sopmething about the law, and I wish you a full and speedy recovery.

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Answered on 5/15/05, 12:32 pm


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