Mar 5, 2016 4:18 PM
Town says it's not to blame in Wason Pond accident resulting in broken neck
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.