With summer just around the corner, getting hurt on your time off is the last thing on your mind. Imagine you are out for some sun and fun at the Jersey Shore and you trip and fall while walking on the boardwalk! Unfortunately, vacation injuries do happen…more often than we would like. What are the steps you need to protect yourself when vacation injuries occur?
What to Do When Vacation Injuries Strike
It’s always important to be prepared for any potential vacation injuries that may occur when traveling over your summer break. Here are a few steps to follow when vacation injuries occur:
- Be Prepared. This starts by packing a basic first aid kit with you on vacation. Having access to band-aids, antiseptic wipes, tweezer, medical tape, gauze pads and more will allow you to attend to the injury immediately.
- Seek Medical Attention. If the injury is serious and requires more attention than what you can accommodate with your first aid kit, seek out professional medical attention immediately.
- Report the Incident. If the injury occurred on state-owned land or at a state-owned facility, it’s important to report the incident to the appropriate authorities as soon as possible.
90-Day Rule for Vacation Injuries
Using the example previously mentioned of a trip and fall on a shore town boardwalk where you are injured as a result, you must comply with the NJ Tort Claims Act. This statute requires you to file a notice against the public entity within 90-days of the incident. If you don’t file notice within the 90-day window, it is likely you will lose your right to file a lawsuit later. This is true of any state-owned land or facility including:
- Public Beaches
- State Parks (including those used for swimming, boating, hiking, camping and fishing)
- State Museums
What if your injury occurs at a privately owned facility or location? Carnivals and amusement parks are also popular destinations during the summer months to relax and have a bit of fun. However, if you are injured on an amusement ride you must report in writing to the amusement park operator the details of any accident within 90-days from the date of injury (NJSA5:3-57).
If you fail to provide notice, you will likely lose your right to file a lawsuit later. An accident report MUST include:
- The name and address of the victim
- Description of the incident
- Location and cause of the accident
- Name and Address of the Ride Operator
- Witnesses and any other individuals involved
The reasoning for this is the seasonal nature of amusement rides during the summer months. If you don’t provide the operator with notice, those summer employees might be gone and the rides shut down for the season. These claims require a lawsuit to be filed within 2 years of the accident.
Personal Injury Attorneys for Vacation Injuries
If you find yourself injured while on vacation this summer, you may be reluctant to file a report and pursue a claim against the property owner or occupier. However, if you have suffered losses from your injury, then you may have a right to money to pay for those losses. A seasoned personal injury lawyer can help you with the process and get you the compensation that you deserve.
The law firm of Bross and Frankel represents accident victims throughout New Jersey who have been injured in slip and falls and other types of accidents. We handle all personal injury cases on a contingency fee basis, which means you won’t pay a fee unless we recover money for you. To learn more or to schedule a free consultation with a New Jersey personal injury lawyer, contact us today at (856)795-8880 or fill out our online contact form.
Elizabeth D. Berenato, Esq. has been a member of both the New Jersey and Pennsylvania bar associations for over 25 years. As a Certified Civil Trial Attorney, Attorney Berenato is a highly experienced trial lawyer. She has routinely handled complex cases and trials and is well-versed in Social Security Disability (handling every aspect from initial filings to hearings).
Attorney Berenato is a lifelong New Jersey resident, and was born in Moorsetown, NJ. She received her undergraduate degree from Glassboro State College (Rowan), Cum Laude in 1986. In 1990, she received her Juris Doctorate Degree from Widener University School of Law in Wilmington, Delaware. Ms. Berenato then returned to New Jersey to start her legal career in Atlantic City.
Attorney Berenato is a member of the New Jersey and Pennsylvania State Bars and United States District Court.