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Who is liable for accidents on private beaches?

Heading to the beach is something that brings a lot of enjoyment to people who are trying to escape the summer heat. Some people who own private beaches allow other people to use their beaches. This is due in part to the limiting of liability for those private beach owners who do allow recreational use of their property.

What factors matter in a premises liability claim for a private beach?

In New York, one major factor that comes into play when outdoor recreation spaces are considered is the General Obligations Law. This law notes that private property owners who allow certain recreational use of their private property generally have a lowered liability if they aren't receiving any consideration or pay for allowing the recreational use. While swimming isn't one of the activities that is covered by the law, many other activities, such as fishing and hunting, are covered by the law.

How does that affect my ability to seek compensation?

If you are injured on a privately owned beach, you have the right to seek compensation. While this might involve complex points, it is still your right. It is crucial to determine how this state's laws will affect your claim so that you know what to expect. In every case, you should make sure that you have ample proof that ties your injury to the private beach. You must also be able to show that the property owner's negligence or lack of maintenance is what caused the accident. All of these factors can impact the outcome of your claim for compensation.

Source: FindLaw, "Who Is Liable for Injury on Private Beaches?," Ephrat Livni, Esq., accessed July 29, 2016

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