Methods of Government Negligence Protection for Provision of Physical Activities

Abstract

The purpose of this article is to identify how the balance between the competing interests of citizens' need to recover damages from injury and the governments' interest for providing services without jeopardizing community budgets is accomplished. The article examines the different mechanisms used for negligence protection and how they have changed over time to create that balance. Using content analysis, all 50 state laws concerning tort immunity, recreation land use statutes, hazardous recreation statutes and insurance award caps in tort claims acts were reviewed. The hypothesis that if a state waived immunity, the state would find another method to protect communities so that they could provide the activities their citizens demanded was shown to be true. All but seven states have found a method to protect themselves and provide services.