Children get injured at the beach more often than you may think. If your child was hurt while you were at the beach, you may be able to sue and be awarded compensation for his or her injuries. The court will look at certain factors surrounding the injury to determine if you are eligible to receive compensation or not.
Suing for Injuries Sustained on a Beach
A parent may have the right to sue the beach owner for injuries their child suffered on the premises. However, it must be proven that the accident and injuries were directly caused by the negligence of the beach owner.
Injuries on a Public Beach vs. Private Beach
Depending on the state the accident occurred, you may have anywhere from one to five years to file a lawsuit for your child’s injuries. Suing the government for damages, however, is different than suing a private citizen or a commercial entity.
If your child got hurt on a public beach, you have to file a Notice of Claim or Notice of Intent within three or six months. If you miss the deadline, you will lose the right to sue and seek compensation.
Common Types of Beach-Related Injuries
While drowning is an injury that can occur at the beach, it isn’t the only type of injury to be concerned about. For example, your child could get cut by broken glass in the sand or fall off unsafe structures, like playground equipment.
It doesn’t matter if the beach is publicly or privately owned. The owner is responsible for making sure that the conditions are safe. If the owner or employees don’t clean up glass and other debris on the beach and someone gets cuts, they could be considered negligent. If there is unsafe equipment on the beach and a person slip and falls, it can also be considered negligence.
Drowning or being injured due to natural water conditions doesn’t always guarantee compensation. There are some areas of the beach that don’t hold beach owner accountable for accidents caused by natural occurrences, like riptides.
If your child was injured at the beach, it’s in your best interest to consult with an experienced personal injury lawyer. He or she can examine the factors in your case and determine if you have a strong case or not. The majority of personal injury lawyers such as the Personal Injury attorney Henderson NV locals turn to. Offer initial consultations, so there is no risk to speaking to one.
Thanks to authors at Nadia Von Magdenko & Associates for their insight into Personal Injury Law.