Wason Pond in winter

Mar 5, 2016 4:18 PM

Town says it's not to blame in Wason Pond accident resulting in broken neck

NH1.com

CHESTER - The town of Chester is saying it can't be sued for a broken neck blamed on a rope swing at Wason Pond.

According to the New Hampshire Union Leader, Jay Kurowski claims his 16-year-old son, Christopher, of Sandown, was hit by someone swinging across the pond and suffered a cervical spine fracture. Kurowski said the town is a fault for not addressing safety concerns when the selectmen failed to remove it, although it was discussed in selectmen's meetings as a safety hazard.

However, the town says that based on RSA 212:34, it is barred from a lawsuit for injuries sustained by someone engaging in a recreational activity.

The town also says that state law RSA 508:14 says a property owner who lets someone use land for recreational purposes without charge can't be held liable for personal injury.

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