A federal court issued a ruling involving a claim by a visitor who was injured while at a concessioner-operated campground on the Ashley National Forest which clarified how and when the Forest Service and the concessioner may be liable for the injuries. When a visitor is injured while at a Forest Service owned facility which is operated by a concessioner, the visitor may be able to seek damages from either the agency, the concessioner or both.
The Forest Service is usually not liable for injuries which are caused solely by the negligence of a concessioner because concessioners are typically found to be independent contractors and the federal government is not liable for damages caused by its independent contractors. The Forest Service, however, may be liable even if the concessioner’s negligence led to the injury if the injury involves a duty that applies to the landowner and which state law prohibits the landowner from delegating that duty to a contractor. The Forest Service also may be liable for injuries directly caused by its own negligence.
The concessioner, on the other hand, is usually liable for injuries caused by its own negligence whether or not the Forest Service can also be liable for those injuries. In addition, concessioners may have a clause in their permit requiring them to indemnify the Forest Service if the Forest Service is found liable for damages. That indemnification obligation, however, may not apply if the Forest Service’s liability is based on the agency’s negligence.
