COVID-19 Notice: Block O'Toole & Murphy is fully operational in accordance with safety regulations provided by the CDC and local health officials.
Our attorneys continue to provide quality legal representation and are available to discuss your case over the phone, email, or video. Read more from our managing partners.
Block O'Toole & Murphy Block
O'Toole
& Murphy
Premier NY Personal Injury Lawyers

New York State parks not liable for woman's death

When you go to visit New York State's parks, make sure to heed warnings. New York's appellate court recently found that visitors cannot sue the parks if they are injured while flouting warning signs. Last week's decision was a reversal of a Syracuse court decision involving the death of a 51-year-old woman at Taughannock Falls State Park.

A New Jersey woman died in a rock slide in 2005 while she was standing below the 215-foot falls. Her husband filed a wrongful death claim against the state. According to the defense, the woman was standing in an area that was expressly prohibited.

The State's defense argued that there are several warning signs including photographs of rock slides and physical barriers to the falls. The appeals court argued that it is, "difficult to understand how a victim could fail to appreciate the dangers," posted on the warning signs. The appeal rejected a ruling claiming that a trial was necessary to determine if the park's warnings were sufficient.

The appellate court found that the state's efforts were sufficient in thwarting behaviors and illegal conduct. Every summer, warnings go out to prevent hikers and other park visitors from entering prohibited areas. Individuals who are injured while disobeying signs cannot pursue claims against the state for injuries or fatalities occurring on the park's premises.

While the case against the state was unsuccessful, a victim may have a different claim if an injury occurred in an area that was not blocked off or if there were other hazards without appropriate warning signs.

Source: The Ithaca Independent, "Court: State Not Responsible for Woman's Death in Tompkins County Park," Ed Sutherland, June 11, 2012.

Speak with a Qualified New York Injury Lawyer Today

Fill out our short online contact form for a FREE, immediate case review, or call us locally at 212-736-5300 today. The lawyers in our firm work on a contingency basis, so we do not collect any money unless we win your case.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm Awards and Honors

These are some of the publications and organizations that have recognized our firm and individual attorneys for excellence.

Learn More
Block O'Toole & Murphy - Listed in Best Lawyers - Linking Lawyers and Clients Worldwide Best Lawyers - Best Law Firms - U.S. News The National Trial Lawyers - Top 100 Trial Lawyers Super Lawyers Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum Irish Legal 100 Martindale-Hubbell - Peer Rated For Ethical Standards and Legal Ability New York Magazine - Top Verdicts & Settlements New York Law Journal www.naacp.org - NAACP Frances Pope Memorial Foundation - Love. Support. Hope. St. John's University - School of Law St. Jude Children's Research Hospital Expertise - Best Workers Compensation Attorneys New York City 2020
Call Block O'Toole & Murphy Today For Help - 212-736-5300
CLOSE MENU  X

What can we help you find?