Earlier this month, an appellate court in Illinois issued an opinion in an interesting case that presents relevant issues to victims who are considering filing a Virginia premises liability case against a government entity. Specifically, the case deals with the state’s recreational use statute and whether the trail where the plaintiff was injured was covered under the statute. Ultimately, the court concluded that the “mixed-use” trail at issue was not covered under the statute, and thus immunity did not apply.
The plaintiff was injured while biking on a mixed-use trail. Evidently, an area of the pavement became cracked after weeds and other vegetation grew up through smaller cracks. The result was a bumpy patch of pavement.
As the plaintiff was riding in a group with her friends, one of the bicyclists ahead of her fell off her bike after running over the bumpy pavement. The plaintiff was unable to avoid a collision with her friend and ended up falling off her bike as well. She sustained serious injuries in the fall and filed a premises liability lawsuit against the city responsible for the maintenance of the trail.