If an individual is injured at a public park in Maryland, the individual’s negligence claim may be barred under governmental immunity. In state parks (owned and operated by the State of Maryland), the state is often protected under sovereign immunity. In county and city parks (owned and operated by a country or a municipality), local governments may similarly be protected under governmental immunity. Yet, the governmental immunity that protects cities and counties is more limited than the state’s sovereign immunity. In cases involving local governments, they are only immune from a civil suit if the conduct at issue is categorized as “governmental.” If the case is based on activity by a local government, it is only immune if the conduct at issue is “private,” “corporate,” or “proprietary.”
In general, Maryland courts have found that governmental activities are solely for the public’s benefit, sanctioned by the legislature, and do not involve private interest. Courts have also found that the difference between governmental activities and proprietary activities are activities that are performed for the common good as opposed to activities that are carried out for the benefit or profit of a corporation. In practice, the line between governmental and proprietary activities is not always clear cut, and often depends on the factual circumstances of the individual case.
In a recent state appellate case, the court considered whether the county was immune from suit for an allegedly dangerous condition on a park trail. In that case, there was a trail located within a park that was owned and operated by the county. There had previously been a wooden lodge pole fence in the park that ran across one-half of the trail loops, which cyclists had to maneuver around. The plaintiff had ridden his bike on the trail several times before his accident and knew that the fence was there.