With roughly 180 state parks in New York at which numerous people hike,
there are bound to be injuries sustained while hiking. Many of these injuries
will happen in the Poughkeepsie, New York region at the Walkway Over the
Hudson State Historic Park, Fahnestock State Park, and even the Franny
Reese State Park. Many Poughkeepsie residents will go as far away as the
Adirondack State Park.
As I am sure that you have noted, all of these parks are owned and operated
by the State of New York.
Experienced Poughkeepsie trip and fall attorneys know that the master is no longer immune from liability. In fact, New
York waived sovereign immunity decades ago. A government for the people
and by the people should also be accountable to the citizenry if negligence
causes injury, just as would a private person be to another private party.
In terms of personal injury that arose out of using public lands and parks,
the tenets of
premises liability law will apply to the State of New York much in the same way that it governs
the behaviors of private land owners.
There are three basic reasons why hikers are injured while traversing public
trail ways; fault attributable to the State; fault attributable to the
hiker; fault attributable to both the State and the hiker. In the present
discussion, we focus on
injuries caused by the negligence of New York. But know now, even if the hiker is partially at fault, New York is a
comparative fault jurisdiction in which even a plaintiff partially at
fault can still recover for injuries attributable to the actions of a
New York State, just like any other land owner, must maintain its property
in a reasonably safe condition as would any other reasonable land owner
so as to avoid foreseeable and preventable injury coming to land entrants.
“Reasonableness” will vary depending on the circumstances
surrounding each case.
negligence applies to overt acts as well as omissions, or failures to act. Therefore,
failing to warn hikers of cliffs, loose rocks, falling rocks, flash flood
zones, and or especially dangerous terrains can be the grounds for a premises
liability negligence claim. This applies whether the danger is obvious
or not obvious. Additionally, dangerous conditions that which the state
knew about or should have known about that pose likely and foreseeable
injury should be cured.
It is important to note that an injury against the State of New York in
which you intend to commence an action to recover personal injuries for
follows special rules. In fact, the statute of limitations (the time period
you have to commence a claim) is shorter than a claim against a private
land owner like a business. There are also special requirements you must
fulfill before you even commence your claim. For instance, you must file
within ninety (90) days after your injury a Notice of Intent to File a
Notice of Claim. Once you have filed your notice of intent and passed
the grace period, your must commence your lawsuit within 2 years of your
injury. Failure to do this will result in dismissal of your claim.
Learn more about how camping accidents can be the result of another’s
negligence in the latest article by our trip and fall attorneys
available by clicking on the link here. If you interested in learning more about hiking statistics and safety tips,
click the available link here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.