![\"Mountain](\"https:\/\/explore.globalcreations.com\/theblog\/wp-content\/uploads\/2015\/08\/Mountain_Goat_550.jpg\")
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When you are enjoying a National Park or other public area and are injured by the local wildlife, should you sue\u00a0the Federal government\u00a0for damages?<\/p>\n
In 2010 a man was hiking in Olympic National Park when he came upon a mountain goat. \u00a0The aggressive goat gored him then stood over him keeping his hiking companions away while he bled to death.<\/p>\n
If that was the end of the story, \u00a0there isn’t really anything to sue over. \u00a0The goat lives there, was behaving like a goat, the hikers knew they could expect to see dangerous animals and that if they got too close they could be injured. \u00a0There are risks in outdoor recreation and they are\u00a0an accepted part of the outdoor experience. \u00a0That’s why you don’t hear much about those gored by bison at Yellowstone suing the Park for damages and medical bills.<\/p>\n
In addition Park officials have legally recognized\u00a0discretion in deciding how to\u00a0manage wildlife. \u00a0Thus the officials are\u00a0insulated from legal action. \u00a0Managing bison in Yellowstone involves letting the bison be bison while training visitors to understand and respect them and the dangers they provide. \u00a0They also create rules that, if visitors obey them, will greatly reduce the chances of an unpleasant bison\u00a0encounter.<\/p>\n
The mountain goat in Olympic National Park has a back story. \u00a0It seems that particular goat was known to be unusually aggressive and had been threatening\u00a0visitors and Park employees for years. \u00a0In many places an individual bear or mountain lion that behaved badly around humans would be relocated or killed, but that didn’t happen here. \u00a0So, the man’s wife sued the Federal government arguing that Park employees were\u00a0negligent because they had done nothing to separate the goat from people.<\/p>\n
The U.S. District Court in Tacoma, Washington, dismissed the case citing the discretion that government employees are allowed in the way they manage natural resources, including wildlife. \u00a0The victim’s wife appealed that decision to the 9th Circuit Court of Appeals and a three judge panel upheld the dismissal on a 2 to 1 vote for the same reason, based upon well-established legal precedent.<\/p>\n
The story could end there, by maybe not. \u00a0One of the majority judges decided on the basis of precedent, but acknowledged the dissenting judge’s remark that\u00a0“our jurisprudence in this area has gone off the rails.” \u00a0The lawyers involved may request a hearing with the full panel of 9th Circuit judges to see if they can get a vote in their favor.<\/p>\n
It’s not likely the full court will overturn the dismissal given the strength of precedent in the legal system, but it’s possible. \u00a0If the dismissal is not overturned, \u00a0an appeal to the U.S. Supreme Court is possible, but, again, not very likely. \u00a0When legal maneuverings are exhausted, \u00a0only Congress can change the laws and allow cases like this to be heard.<\/p>\n