Kendra Summers, a Minor, and Frederick J. Summers, Guardian Ad Litem v. United States

Kendra Summers appeals a judgment in favor of the United States in her action brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq., to recover for an injury to her foot which occurred at Rodeo Beach, part of a park operated by the National Park Service.

The district court erred in finding her action barred under the discretionary function exception to the FTCA, 28 U.S.C. § 1346 (b).

Kendra’s injury occurred on August 9, 1984, during a visit to Rodeo Beach, part of the Golden Gate National Recreation Area (GGNRA). Kendra, then four and one-half years old, was walking with her family when they came upon a sign showing a symbol of logs aflame and an arrow pointing to the nearby beach. Upon reaching the beach, Kendra received her parents’ permission to take off her shoes and started to walk ahead. She then attempted to balance herself upon a rock which was part of a fire ring, but lost her balance and burned her foot on hot embers within the fire ring.

At the time of Kendra’s injury, Rodeo Beach was subject to Park Service and Department of Interior regulations concerning visitor safety. The purpose of the regulations, adopted pursuant to 16 U.S.C. § 1 , was…