Jersey City, NJ asked in Personal Injury, Civil Litigation, Insurance Defense and Municipal Law for New York

Q: If an individual travereses on frozen water, do they do so at their own risk?

New York State: A number of discussions on traversing on frozen water exist. The DEC discusses safety issues for recreation users like anglers. The Parks and Recreation statutes discuss the use of snowmobiles. The NYS Snowmobile association discusses training, risks, and safety measures that a snowmobiler should take when snowmobiling on frozen water to avoid falling through. I'm struggling to find an actual discussion on who actually owns the risk? For example, if a hiker or snowmobiler traverses frozen water, do they do so at their own risk? The above organizations seem to imply that anyone who ventures onto the ice accepts the risks. They are warned to test the ice thickness, stay away from open water (caused naturally or otherwise) but I can't find any statute, case law or precedent that places the burden on the individual to ensure the ice is safe. What is the home owner responsibility/liability, who own property that abuts water if, someone falls in?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered

A: First, don't put you email up ---ask Justia to take it down.

I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.

I fyou are trying to have us do an assignment for a course, please do your own work--you won't learn research if you rely on others.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.