That’s what one man found while visiting Myrtle Beach, SC. According to a local news report, the man was staying at a local hotel in August 2014. As he leaned on a railing of a narrow boardwalk leading onto the sand, the railing gave out. The man fell off the walkway and is now suing the City of Myrtle Beach, the entity that owns and maintains the pathways that lead to the beach.
In his premises liability lawsuit, the man alleges the boardwalk was not properly built in the first place, and thereafter was not properly maintained. However, the city is relying on the state’s recreational use statute. Florida has one too. Basically, if a landowner allows their property to be used free of charge for public recreation, the rights of those people to sue the entity or company for negligence are significantly undercut. In fact, the only way to prevail is to assert gross negligence. In this case, it would mean gross negligence in the way the boardwalk was designed, constructed or kept. Plaintiff’s attorneys say they believe their case is strong. Continue reading ›