Located in Suffolk County, at the western end of Fire Island, Robert Moses State Park is the oldest state park on Long Island. Nearly 3.8 million people visit the park each year to swim, fish, surf, or just relax on the beach. With so many people visiting Robert Moses State Park each year, accidents and injuries are inevitable.
If another party’s negligence caused your injuries at Robert Moses State Park, you may be entitled to compensation. However, if the park was at fault, you will need to take special steps to preserve your right to file a claim. This is because the State has certain immunities when it comes to negligence claims. As a result, you have a shorter time period to bring a claim. For help, a call a Robert Moses Beach accident and injury lawyer at Goldstein & Bashner today: 516-222-4000.
What types of accidents happen at Robert Moses State Park?
Some of the most common accidents and injuries we have seen at Robert Moses State Park include:
Slip and falls or trip and falls can result in serious injuries including cuts, sprains, and even broken bones. If you fell at Robert Moses State Park due to a dangerous condition, you may be able to recover compensation for your injury. Such dangerous conditions include:
- Broken stairs or handrails
- Slippery surfaces caused by spills or standing water
- Snow or ice accumulation on walkways
- Debris like trash, large stones, or fallen trees in walkways
- Uneven or poorly maintained sidewalks, boardwalks, and picnic areas
Because the park itself is responsible for ensuring its grounds are safe for visitors, you can hold it liable for any injuries you sustain in a slip and fall accident on park grounds.
It is important to note that the New York State Office of Parks, Recreation, and Preservation (NYS OPRHP) manages the park. This means that it would likely be your liable party in any case where the park management or its employees were negligent.
Taking a dip in the Atlantic Ocean can be refreshing but, even with a lifeguard on duty, it can be dangerous.
Liability depends on the type of injury and who was involved. For example, if your loved one drowned because a lifeguard was not paying attention, the lifeguard — but also NYS OPRHP itself under the concept of vicarious liability — would be liable.
Vicarious liability holds that employers are liable for the actions of their employees.
Let us consider another, real-life example of employee negligence. In 1999, a woman suffered a head injury after an unsecured lifeguard umbrella took flight and hit her in the head. The beach owner was liable because the employee was negligent in keeping the area safe for patrons.
Dangerous or Poorly Maintained Equipment:
Equipment such as playgrounds, picnic areas and shelters, outdoor showers, picnic grills, boat docks, and rental sports equipment or boats can cause serious injuries if poorly maintained.
Liability in this case depends on who is charge of maintenance. If NYS OPRHP is in charge of maintaining the equipment in the park, it would be liable; if a separate maintenance company is responsible for maintaining park equipment, you would hold that company liable.
Everyone visiting the beach has to park somewhere. Car accidents, whether between multiple cars or a car and a pedestrian, could be the result of various parties’ negligence.
For example, if you were walking through the parking lot when a driver hit you because he did not stop at a stop sign, the driver would be liable for your injuries. However, if you were also texting at the time, you could share liability.
Accidents can also be the result of the park/parking lot manager’s negligence. For example, if two cars are involved in an accident because there were no stop signs, the parking lot manager may be liable.
If you are assaulted at Robert Moses State Park, you will likely have a case against the person who assaulted you. However, you may also have a secondary case against the state if it failed to provide adequate security.
Note: If you bring a claim against the wrong party or wait too long to bring a claim, you may lose your right to recovery. We examine the circumstances of your case to determine all liable parties and ensure you file your claim on time.
If the State of New York is at Fault, You Have Only a Short Time to Sue
If a government entity is responsible for your injury, there is a limited amount of time to bring a claim against them.
In almost every case, if you are filing against a state, you must file a Notice of Claim. In New York, you have only 90 days from the time of the injury to give notice. If you fail to give notice in that time, you will lose your right to file a claim and recover for your injuries.
Because of this rule, it is extremely important that you do not delay after an injury at Robert Moses State Park. Contact an attorney as soon as possible to preserve your legal rights.
After the State receives the Notice, it has 30 days to request a hearing. At this hearing, the State will investigate your claim to determine if it has merit.
Afterward, the State may offer to settle and pay for your injuries. If the State refuses to offer you a fair settlement, you can file a lawsuit. You must file a lawsuit within one year and 90 days of the accident date.
To have a valid claim, you must be able to prove the liable party’s negligence. Evidence that you can use to support your claim includes:
- Medical reports
- Eyewitness testimony
- Surveillance footage from stores or traffic cameras
- Photographs taken after the accident
If your case is successful, you could recover damages for your medical bills, lost wages, decreased earning capacity, and pain and suffering.
Goldstein & Bashner Can Help
The accident attorneys at Goldstein & Bashner can help if you were injured at Robert Moses State Park. We will evaluate your claim, gather evidence, and represent you in negotiations.
We work with financial and medical experts to value cases and ensure our clients get everything they deserve.
We also use our experience with claims against the government and third parties to protect clients’ rights to recover compensation.
Do not lose your right to sue and recover compensation from the government over a simple misstep or technicality. Preserve your right to recover damages for your injuries by contacting us as soon as possible after your accident. Do not wait.
Contact us today: 516-222-4000.