Legal Question in Personal Injury in Pennsylvania
Sue for fire ant attack
If a visitor to a public area (playground, athletic
field, park, cemetary, etc.) is attacked by red
imported fire ants (a pest problem in the southern
US states) and is seriously injured or dies, is the
owner of that property liable for damages? Could
he/she be held responsible for the grounds and
controlling those insects and be sued?
1 Answer from Attorneys
Re: Sue for fire ant attack
It depends. As a general rule government entities are immune from lawsuits. However, many, if not all governmental entities have passed laws that allow the entity to be sued in certain circumstances. Those circumstances vary from one government entity to another.
I would first have to know whether this is private or governmental property. If it is government property I would have to know if it is part of the US, state or city park system.
The statute that applies to that entity will tell us whether the park that you were in was subject to suit, and if it is, under what circumstances it can be sued.
Marc Pachtman, Esq.