Ahhhh… spring break! Time for some rest and relaxation on a sandy beach with a cooler full of drinks and sandwiches, and maybe a little beach volleyball or a dip in the ocean to cool off. Spring break is a time to leave the cold winter weather behind and enjoy some sunshine!
But what happens you find yourself injured on a public beach? You slip playing volleyball and end up with a bloody nose and concussion. Or maybe you stepped into a pothole while carrying your cooler to the beach and ended up severely spraining your ankle. Who’s responsible for your injuries and medical treatment? Can you sue the public entity that owns the beach? How can a personal injury lawyer help you?
Personal Risk vs. Premises Liability
Certain activities come with an inherent risk that you accept as a participant in that activity. For instance, if the beach volleyball pit is properly prepared – no rocks or other obstacles – you are assuming the risk for playing beach volleyball and therefore, you assumed the risks associated with the game voluntarily, and the public entity that is the owner of the beach, be it a city or state park, is not responsible. If you have questions, you should contact a reputable slip and fall attorney.
But falling by stepping into a pothole while carrying your cooler? That’s an entirely different situation. The public entity that owns the beach has a responsibility to maintain its parking lots and your injury was the result of faulty management. Filing an injury report with the beach office and then contacting a competent personal injury lawyer would be your next step.
But what about swimming injuries, even deaths? If a beach is properly posted “Swim at Your Own Risk,” then any injuries or fatalities are a result of the risk taken by the swimmer. However, if the lifeguard on duty was not paying attention to the swimmers in the water and there is an injury or death, that is an act of negligence. The public entity owning the beach can be sued by a competent wrongful death attorney.
Many injuries and accidents on beaches are not so cut-and-dry. Should you have any questions regarding beach injuries, contacting a reputable personal injury lawyer to evaluate your case is your first step to see if you qualify for compensation. No one wants their spring break to be ruined by injury but accidents do happen.
Tolbert Beadle LLC Personal Injury Lawyer
Tolbert Beadle LLC is Missouri’s leading law firm with three locations in Springfield, Jefferson City, and Columbia. Tolbert Beadle proudly serves families throughout Arkansas, Kansas, Missouri and Oklahoma. Tolbert Beadle LLC is the state’s leading firm, with personal injury lawyers and that will provide you with an expert analysis of your situation. Contact us today at one of our convenient locations and schedule a free consultation with a personal injury lawyer.