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CITY OF EUGENE 7_ Oo /- /- <br /> INTER - DEPARTMENTAL MEMORANDUM <br /> 6 Y 8 7 <br /> CITY ATTORNEY — CIVIL DEPARTMENT <br /> To: Cathy Joseph Date: March 2, 1988 <br /> Risk Management <br /> Subject: Potential City Liability For Natural Water Body - Related <br /> Injuries Occurring In City Parks <br /> Attached to this memo is a copy of an extensive research <br /> memo done by Jan Londahl of our office, which reviews the <br /> law of municipal liability for natural water body - related <br /> injuries occurring on public land. As you can see from Jan's <br /> memo, the law is quite clear right now. A municipality is <br /> not liable for injuries resulting from the public's use of <br /> natural bodies of water which are on publicly -owned land, <br /> unless the City has made water - related improvements or <br /> otherwise assumed responsibility by providing security <br /> measures. That law, however, may be subject to change in <br /> the near future when the Oregon Supreme Court issues a decision <br /> in Fuhrer vs. Gearheart By the Sea, Inc., a case involving <br /> a drowning at a publicly -owned beach on the Pacific Ocean. <br /> We advise the City to proceed with extreme caution in <br /> taking any activity related to the natural bodies of water <br /> in its parks. The City is clearly putting itself in a <br /> potential liability situation if it designates areas of the <br /> park for water use by the public, such as, by establishing <br /> and roping off wading or swimming areas. On the other hand, <br /> the City may also increase its potential liability by putting <br /> up warning signs. For example, if the City puts up signs <br /> in a particularly dangerous area saying "No Swimming ", it <br /> may leave itself open for a court interpretation that it <br /> is. authorizing swimming in areas where the signs do not appear. <br /> In addition, if the City installs signs, the risk of possible <br /> liability is increased should the signs fall down, become <br /> defaced, or disappear due to vandalism. From a strictly <br /> legal viewpoint, probably the safest course that the City <br /> can take is to leave its natural bodies of water in their <br /> natural state. That is, do nothing to improve or. change <br /> the natural water bodies for recreational water usage, and <br /> post no signs. <br /> We realize that this legal advice may run counter to <br /> policy considerations the Water Safety Campaign Committee <br /> may feel strongly about. However, we ask that whatever <br /> recommendation the Committee may decide upon be coordinated <br /> a <br /> Post -it° Fax Note 7671 Date # of /2.� (pag <br /> To From l� /� )40c � go LI '. <br /> Co. /Dept. ID OS Co. L.0 lacia <br /> Phone # Phone # <br /> r5 7 <br /> Fax # b S? 1 fj g y Fax # <br />