Families of Boys Killed by Tree in Yosemite May Sue Government

Oct. 10, 2019, 6:08 PM UTC

The families of two boys killed when a tree limb fell on their tent in Yosemite National Park may sue the government under the Federal Tort Claims Act for negligent failure to prevent the deaths, a divided Ninth Circuit said.

The families alleged National Park Service officials knew or should have known about the danger posed by the tree, and failed to abate the risk or warn campers about it.

Their claims aren’t precluded by an exception to the FTCA that shields the government from liability for decisions that involve policy considerations, the U.S. Court of Appeals for the Ninth ...

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