A family is suing the USFS for $1 million because a dead tree fell on their son and injured him. The family states that the USFS should have removed this tree in a 2,612,000 acre forest because someone had erected a stone fire ring in the area - making it an "established" camp site.
I feel the likely outcome is that the case will be thrown out since it was not a developed campsite, with no USFS erected structures, nor reservations, nor fees collected for this location.
Would federal lands that have designated campsites which require registration and fees be different? Can a legal eagle prove that the controlling agency has responsibility for reasonable maintenance and safety? I know the NPS cuts down dead trees in the GSMP front country campgrounds to prevent litigation. Now that the park collects fees for the back county sites, has it opened itself to litigation?