Parks operated for the use and enjoyment of hikers, climbers, bathers,
and for just general play are numerous throughout the Newburgh, New York
region. Many of these parks have grounds suitable for all of these activities
in one location where camping might too be allowed.
Experienced Newburgh personal injury attorneys may see injuries such as drowning, slipping and falling, hiking injuries,
and play ground injuries all occurring at the same individual outdoor
recreational park. Most of the time, these mixed use outdoor parks are
used without incident or injury, but other times, park users sustain bruises,
cuts, lacerations, sprains, fractures, back and neck injuries, and even
traumatic brain injuries.
Merely using these facilities for “sport” activities does not
absolve landowners from liability when the land owners’ negligence
attributed to the guest’s injuries. Activities at outdoor parks
are “recreational” and owners of land have a duty to protect
visitors from harm.
But many facilities have common areas they are required to upkeep in reasonably
safe condition. This can include bathroom facilities, concession stands,
storm safety areas, parking lots, trash or picnic areas, and benches.
Even if in the middle of the woods, a picnic area with benches that have
dry rot can cause serious injury if a visitor sits down on the bench and
it breaks. Bathrooms that are leaking and result in a slip and fall can
also lead to liability.
basic rule of premises liability law is that owners and or occupiers of property will be liable to persons
on their land who become injured by an unsafe condition. Liability can
arise from a
failure to repair and a failure to warn of danger, obvious or not obvious. The visitor can be on the property legally, or
even be a trespasser, and the owner could be liable. Liability will depend
on the hiker pleading and proving several elements:
- The hiker was invited onto to the property or the property was held open
to the public. Or, if trespassing, the owner was aware that trespassers
come onto the property.
- The owner or operator was aware, or should have been aware, of an unreasonably
unsafe condition and failed to warn of or repair the unsafe condition.
- The failure to warn or repair caused the injury.
- Damages were suffered as a result of the injury.
The acts or omissions of the property owner or operator are judged upon
a “reasonable person” standard. If a reasonable person under
similar circumstances would not have acted the way in which the offending
party acted (meaning the similarly situated property owner would have
warned of or repaired the dangerous condition), then the offending party
will be judged as having breached his or her duty to the hiker. The specific
duty is: the land owner, occupier, and or operator, should take measures
to avert foreseeable, likely, and preventable harm from coming to known
or foreseeable entrants upon the land.
basic tenets of negligence require that where a duty is owed, and that duty is breached, the offending
party can be held liable if the breach proximately caused the victim’s injuries.
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. Were you injured on State lands? Then
click here to learn more about the State’s liability in your fall.
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.