What Are the Most Common Causes of Boardwalk Accidents in Brooklyn?
The Most Common Causes of Boardwalk Accidents in Brooklyn
Brooklyn’s boardwalks, particularly the iconic Coney Island Boardwalk, are a magnet for residents and tourists alike. These scenic walkways, brimming with the vibrancy of street performers, the aroma of delicious food, and the laughter of children, are the heart and soul of Brooklyn’s coastal charm. However, beneath this lively atmosphere lurks a less pleasant reality – the risk of accidents. This blog post examines the most common causes of these accidents and how you can protect yourself and your loved ones.
The Perils of Poor Maintenance and Repair of Boardwalks
Imagine strolling down the Brighton Beach Boardwalk, soaking in the stunning ocean views, when suddenly, you trip over a loose plank. You fall and suffer an injury. Not only has the day been ruined, but you may require doctor visits, surgery, and time to heal. You may miss work and might run up significant medical bills.
Unfortunately, this is common due to poor maintenance and repair. Loose or missing planks, protruding nails, and uneven surfaces are just some of the hazards that can lead to serious trip and fall accidents in Brooklyn.
Under New York law, the entity responsible for maintaining the boardwalk, whether it’s a private owner or a government body, has a duty to keep it in a reasonably safe condition. This includes regular inspections and prompt repairs. If a person is injured due to poor maintenance, they may have a valid personal injury claim. It’s essential to consult with our experienced attorneys, who can help navigate the complexities of such a claim.
Dimly Lit Paths on Boardwalks: A Recipe for Disaster
The boardwalk takes on a different persona as the sun dips below the horizon. The inadequate lighting and long shadows can transform the charming boardwalk into a treacherous path. Poor lighting can obscure potential hazards, leading to accidents that could have been easily avoided with proper lighting.
Under New York premises liability law, property owners must provide adequate lighting in areas where people are expected to walk. Suppose a person is injured due to inadequate lighting on a boardwalk. In that case, they may be able to hold the responsible party liable for their injuries. We understand premises liability at the Law Office of Irene H. Gabo, P.C. We can provide invaluable guidance in such situations.
The Rising Tide of Bicycle Accidents on the Boardwalks
Nothing quite matches the joy of cycling along the boardwalk, feeling the sea breeze in your hair. However, this joy can quickly become a nightmare due to bicycle-related accidents. High pedestrian traffic, cyclists riding at high speeds, and a lack of designated bike lanes contribute to a growing number of these accidents.
Under New York law, cyclists are required to exercise reasonable care when riding, which includes adjusting their speed to match the conditions and yielding to pedestrians. If cyclists fail to do this and cause an accident, they may be liable for any resulting injuries. Victims of these accidents may be entitled to damages, including pain and suffering, medical costs, property damage, and more. It is important that people quickly seek legal counsel to understand their rights and potential remedies.
Weather Conditions: An Unseen Hazard
While a drizzle or a dusting of snow can add to the boardwalk’s charm, they can also make it a slippery hazard. Weather conditions like rain, snow, or ice can increase the risk of slip-and-fall accidents. Property owners, whether private parties or government entities, must take reasonable steps to address these hazards, such as salting or sanding the boardwalk during winter months.
If a person slips and falls on a slippery boardwalk due to weather conditions, they may have a valid personal injury claim if they can show that the property owner failed to take reasonable steps to address the hazard. An experienced attorney can help assess the viability of such a claim and guide the victim through the legal process.
The Absence of Safety Measures
Imagine walking along an elevated section of the boardwalk with no railing or barrier to prevent a fall. This lack of safety measures can lead to serious accidents, especially in elevated boardwalk areas or near water. Falling off the boardwalk can result in serious injuries, especially if the person falls onto a hard surface or into water.
Under New York law, property owners must install safety measures such as railings or barriers where necessary to prevent accidents. Suppose a person is injured due to a lack of safety measures on a boardwalk. In that case, they may be able to hold the property owner liable for their injuries. It’s crucial to consult with a knowledgeable attorney who can help determine the best course of action.
Understanding the Notice of Claim and Statute of Limitations in New York
When an accident occurs on a boardwalk maintained by a municipality in New York, such as the City of New York, the state, or other governmental entity, some specific legal procedures and timelines must be followed. One of the most crucial steps is filing a Notice of Claim.
A Notice of Claim is a formal document that notifies a municipality of your intention to sue for damages. It details the accident, including the date, location, and nature of the injuries sustained. In New York, a Notice of Claim must be served within 90 days of the accident. This is a strict deadline, and failure to comply can result in the dismissal of your lawsuit.
Once the Notice of Claim is filed, the municipality has 30 days to request a hearing to investigate the claim. This hearing, often referred to as a “50-h hearing,” allows the municipality to gather information about the claim. Having legal representation during this hearing is crucial to protect your rights and interests.
After the Notice of Claim is filed and the 50-h hearing is completed, you can file a lawsuit. However, you must do so within one year and 90 days from the date of the accident. This time limit is known as the “statute of limitations.” If you fail to file a lawsuit within this period, you may lose your right to sue for damages.
It’s important to note that these procedures and timelines can be complex and confusing, especially when dealing with an accident’s aftermath. That’s why it’s essential to have an experienced attorney who can guide you through the process and ensure that all legal requirements are met.
Seeking Legal Help with Law Office of Irene H. Gabo, P.C.
If you or a loved one has been injured in a boardwalk accident in Brooklyn, it’s important to speak with an experienced attorney who can help you understand your rights and options. At the Law Office of Irene H. Gabo, P.C., we are committed to helping victims of boardwalk accidents navigate the legal process and fight for the compensation they deserve. Contact us at (800) 560-0214 or complete the form on our webpage for a free consultation. We are here to help you every step of the way.