It’s all too common for a child to be injured while at the beach. You may be entitled to compensation for injuries sustained by your child if they were hurt while at the beach. Whether or not you qualify to receive compensation will depend on several factors as determined by the court.
Private Beach vs. Public Beach
If you child was injured at the beach, you may have the right to sue the property owner. You will be required to prove that the owner of the beach played a role in the injuries that were sustained due to their negligence. It is important to note that laws vary by state. In most places, you will have three to six months to file a Notice of Claim or Notice of Intent if your child was injured at the beach. You could lose your right to file a claim if you do not file a Notice of Intent in time.
Statute of Limitations
The statute of limitations varies, allowing anywhere from one to five years depending on the state you reside. Depending on the situation, the process will be different whether you are suing the government, a commercial business or a private citizen.
Beach Related Injuries
There are a number of injuries that could happen at the beach you should be aware of. Drowning isn’t the only injury that can occur at the beach. For example:
- Slipping and falling
- Unsafe Equipment ie. playground structures
- Injury from conditions of the water
- Being cut by glass
It is important to note that if a person were to drown at the beach, compensation would not be guaranteed. When an accident occurs as the result of a natural circumstance, such as a riptide, the property owner can not be held accountable. Whether the beach is privately or publicly owned, the property owner is responsible for the upkeep of the beach and ensuring that it is safe. A property owner could be considered negligent if they do not maintain the beach by keeping it free of debris such as glass and other objects. They may also be considered negligent if they fail to maintain equipment on their property such as a play structure and someone slips and falls as a result.
It will be in your best interest to speak with an experienced personal injury attorney if your child sustained an injury while at the beach. They will be able to determine if you have a case by looking at the factors that led to the injury. There is no risk in speaking with an attorney as the majority of personal injury lawyers such as the personal injury lawyer Chicago IL locals turn to.
Thanks to authors at Konrad Sherinian LLP for their insight Personal Injury Law.