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Personal Injury Blog

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Can I File a Claim if I Was Injured on The Beach?

South Carolina is known for its beautiful beaches, with Myrtle Beach attracting many tourists each year. The time spent on the Atlantic Coast can be thrilling for families, letting parents relax while listening to the waves crashing on shore. However, broken bones, lack of oxygen to the brain from a near drowning, and spinal cord injuries can occur, causing a once pleasant trip to become a nightmare.

If you or a loved one has been injured on a South Carolina beach, you may file a claim if the accident was due to negligence. In this blog, our South Carolina tourist injury attorneys discuss elements of a valid beach accident claim and potential compensation you may be eligible to receive.

Components of a Successful Beach Accident Claim

A successful beach accident claim hinges on you demonstrating that the responsible party failed to use less than reasonable care in keeping beachgoers safe from harm. A beach injury claim will depend on establishing the following:

  • Duty of care: The wrongful party had a duty to use reasonable care to keep beachgoers safe. In a beach accident case, the wrongful party may be the State or a private business.
  • Breach of duty: Through an act or omission, the responsible party failed to take the necessary steps to keep the public or patrons of their business safe.
  • Causation: You must show that the wrongful party’s action or inaction directly caused your injuries.
  • Damages: As a result of your injuries, you suffered compensable losses in the form of medical bills, lost wages, and pain and suffering.

Causes of Beach Injuries

Beach accidents may be caused by any of the following:

  • Failure to supply lifeguards: According to SC Code §5-7-145, each city located on the Atlantic Coast is permitted to use lifeguard services. Each municipality may enforce safety regulations as it sees fit. Lifeguards may be employed by the city or through a private company.
  • Failure to post signage: Clear signage should be posted indicating if watercraft activities are prohibited in specific areas.
  • Crowded waters: The number of people permitted in one area of the water should be limited to ensure everyone’s safety. Water skiers should not be allowed too close to swimmers to ensure beach safety. Lifeguards may be held responsible for managing water safety, which includes limiting the number of people in one area of the water.
  • Inexperienced swimmers: A strong riptide can pull children as well as adults out to sea. By the time a lifeguard comes to the rescue, it may be too late. Inexperienced swimmers should take caution while in the water, preferably being accompanied by a strong swimmer.
  • Inexperienced boaters: Individuals who engage in watercraft activities are not always able to effectively control their water vehicles. Many people rent boats or jet skis, lacking the experience to keep themselves and others safe.
  • Inadequate adult supervision: Children are not aware of the risks they face at the beach, which is the cause of many near drownings. Children may swim out too far from shore, causing them to potentially get caught in the rip current. Always maintain constant supervision over your child, even if you think another parent is keeping their eye on them.

Liability in South Carolina Beach Accidents

In South Carolina, the State owns the area below the high-water mark (the wet sand), while the area above the high-water mark (the dry sand) is privately owned. However, legal liability may be more straightforward when an injury happens on private property. Hotels or resorts with private beach access have been named in various lawsuits, but the strength of evidence will determine how much they have to pay. If you are interested in discussing the validity of your beach accident claim, our South Carolina tourist injury lawyers are here to help.

Have You or a Loved One Been Injured on a Beach? Contact Our South Carolina Tourist Injury Attorneys

A lovely day at the beach can quickly turn tragic and cause irreparable damage if you or a loved one has experienced injuries while at the beach. Our South Carolina tourist injury lawyers would like to speak with you. We know what a shock a beach injury can be, especially when it impacts you or your child. Our legal team can assess your case to determine liability and the likelihood of recovering damages. To arrange your free case assessment, contact Kinon Law Firm today online or by calling (843) 488-9191.

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