Liability and risk management questions are beyond the scope of MRSC’s general legal guidance. However, we can provide the following general comments. First, your risk management insurer will likely have resources regarding how to manage risks and maintain these public trails in a way that is reasonably safe. We suggest contacting them right away.
It is important to have a maintenance plan where regular inspections are performed, and potential hazards are documented and repaired promptly. This could be similar to how the city manages its public streets and sidewalks. When notice of a hazard is received, either via inspections or reports by employees or members of the public, then temporary and permanent repairs should be made. Warning signs, cones, temporary paint, caution ribbon, etc. are options, as are closing portions of a trail if adequate warning signs are not enough to protect users from a particular safety hazard.
Regarding municipal liability for streets, sidewalks, and bridges, there are pattern civil jury instructions in WPI chapter 140, that set forth the law about these duties:
WPI 140.01 – Sidewalks, Streets, Bridges and Roads—Duty of Governmental Entity
The [county] [city] [town] [state] has a duty to exercise ordinary care in the [design] [construction] [maintenance] [repair] of its public [roads] [streets] [sidewalks] [bridges] to keep them in a reasonably safe condition for ordinary travel.
WPI 140.01.01 – Duty of Governmental Entity to Remove or Correct a Hazardous Roadway Condition
The [county's] [city's] [town's] [state's] duty includes a duty to take reasonable steps to remove or correct hazardous conditions that make a [road] [street] [sidewalk] [bridge] unsafe for ordinary travel [including hazardous conditions that may exist along the [road] [street] [sidewalk] [bridge]].
Similar jury instructions would likely apply for claims about incidents on public walking paths and trails.
We recommend you consult with your city attorney and your risk pool insurance representative(s). They are in the best position to help with risk prevention and management in relation to the city’s walking trails.