Top NY Personal Injury Attorney Shares a Guide for a Safe Beach Visit

New York has no shortage of beaches, with almost every borough having its own beach except for Manhattan. In total, there are five beaches in the state. For most residents and visitors, visiting the beach is one of their to-do things in summer. 

Being at the beach is fun, but there are situations where being at the beach can be the beginning of your problems, such as when you get into an accident. This guide offers rules for staying safe during your beach visit, so keep reading to learn more. 

Know Your Limitations

The most significant risk of beaches is drowning. As such, the deep ocean is not for you if you can’t swim. It can look easy to watch others do it, but it is not. 

If you must be in the water and are not a swimmer, stick to depths not higher than knee-high or use a floater. You can also choose to take some swimming lessons before your beach visit. You would still need to be aware of and stick to your limits.

Be Aware of Ocean Conditions and Swim Within Designated Areas

Ocean conditions vary with time. It can be safe during the day and unsafe during the evenings. In most cases, flags will indicate ocean conditions at any particular time. Green flags indicate safe conditions; yellow flags signify potentially hazardous waters, while red flags indicate high risk. A purple flag usually indicates the presence of dangerous animals in the water. 

Avoid the ocean when the risks are high. Also, only swim in designated areas. There is a reason they are designated, and you can only be sure of a safe place to swim if it is designated as such.

Follow the Rules

Rules for beach usage are created to ensure everyone’s safety. In most cases, beaches will have rules around alcohol consumption, watercraft usage, bonfires, cycling, tent making, etc. 

If you are unfamiliar with specific beach rules and regulations, ask or check the local rules.

Who Is Liable for Injuries Suffered on a Beach

Beaches have a duty of care for all invitees. So, they can be held liable for injuries that occur in them. However, their liability will depend on the circumstances of your case. 

Local municipalities are responsible for the maintenance and safety of a public beach. So, suppose poor maintenance or safety provisions result in an accident. In that case, you can sue the municipality for damages, for example, if a beach fails to provide adequate warnings about sea conditions leading up to an accident. Municipalities enjoy some immunity because they are governmental entities, so you must fight extra hard to recover compensation. 

For private beaches, liability will be on the establishment, and the level of accountability may depend on whether visitors have to pay to be on the beach. If they had to, the establishment’s responsibility would be relatively higher. 

“Third parties can also have liability. For example, a cyclist who hit beachgoers could be liable for their actions. The same would apply to a case of assault where the assailant would be held criminally responsible for their actions and liable for harm suffered by the victim,” says New York personal injury lawyer Neal Goldstein of Goldstein & Bashner. 

Get Legal Help

Determining liability for beach accidents can be complicated because being on the beach involves assuming some risks. If you are unsure whether your injuries are worth seeking compensation for, talk to an experienced beach injury lawyer in New York for guidance.