Beach Injuries: Who Can Be Held Liable?
Mid-summer in New Jersey can get hot. Many New Jerseyans will head to the coast to beat the heat. Before you head off on an enjoyable beach day, going over the most common beach injuries and who may be liable can help you and your family stay safe. Review this information before you head to Keansburg Beach or the Jersey Shore.
Common Beach Injuries
Some of the most common beach injuries include:
- Slip and fall accidents: Wet walkways and restaurant floors can get slippery and lead to slip and fall accidents.
- Burns: Beach-goers may be injured by sunburns or after being served foods that are too hot. The asphalt and beach sand can also get hot with high temperatures.
- Drownings: Riptides and undertow can lead to accidental drownings. New Jersey’s waterways can be hard for some swimmers to manage.
- Lacerations: Sharp shells or rocks can lead to deep lacerations. The beaches may even have sharp objects from garbage left behind after busy weekends.
Beachgoers may experience injuries due to slips and falls, extremely hot sand or asphalt temperatures, or not wearing floatation devices. Amusement and waterpark injuries are also common among many New Jersey residents, with the Jersey Shore Waterpark and Keansburg Amusement Park right near the beach.
Who’s Liable When a Beach Injury Occurs?
No one ever expects to get injured at the beach. So, when it happens, you may wonder who is responsible. Responsibility depends on a few factors and the details of the accident. For example, if you’re injured by a sharp shell, it may not be anyone’s fault. People who visit the beach accept some risks with natural sharp objects.
However, if you step on an item that shouldn’t be on the beach, like a needle, it may be the Parks and Recreational Department’s responsibility. If you scratch yourself on an exposed nail while riding a roller coaster, it could be the park’s fault. Beaches should also have beach security on-site, which could affect liability if you’re injured by someone else during an event.
What is Negligence, and Why Is It Important?
Liability comes down to negligence. Negligence refers to someone acting in a way that causes potential harm to someone else. Personal injury cases are made up of four elements. The first element is the duty of care. The second element is a breach of duty of care, which is most commonly from negligence. Negligence occurs when someone fails to do something that could lead to the injury of others.
The third element is causation. If a person is negligent, and that negligence causes your injury, they may be held liable. The fourth element is damages. You must have actual damages to file a claim. Any successful personal injury case, including beach injuries, must prove each of these elements.
Some beach injuries are easy to manage and may require a few bandaids and rest. Other injuries, however, may require medical care and time away from work. If you’re severely injured at the beach this year, it may be worth it to reach out to a personal injury lawyer. A lawyer can help you investigate the details of your case and determine liability. Once you’re able to establish liability, you can seek damages to help you cover your incurred costs.
Contact a Personal Injury Lawyer Near You to Discuss Your Beach Accident Case in New Jersey
Were you or a loved one injured due to a beach accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured because of beach accidents in Seaside Heights, Perth Amboy, Westfield, Point Pleasant, Hazlet, and throughout Ocean County, Monmouth County, Union County, and Middlesex County, New Jersey. Call (732) 576-8860 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 3315 Route 35, Hazlet, NJ 07730 as well as offices in Red Bank, Brick, and Westfield.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
