A man was riding his bicycle in a park on Staten Island, New York City. He was riding in the Gateway National Recreation Area according to a May 28, 2014 New York Law Journal article. The rider hit a speed bump and, as a result, was injured. He tried, unsuccessfully, to sue the United States government for damages related to the injury using the Federal Tort Claims Act. Additionally, the man’s wife sued the government on the basis of loss of consortium. A loss of consortium occurs when one loses his or ability fully to contribute to his or marriage and family. This may be at an interpersonal conversational level or an intimate sexual level. Money can be awarded to the spouse of an accident victim for loss of consortium.

Because the Gateway National Recreation Area is a national park, the New York State Recreational Use Statute applied. One of the parts of this law states that the government is immune from damage-related lawsuits that arise over something that happened on government land. That is; the government is not liable for the man’s injuries because he was injured on government-owned and operated recreational property due to the Recreational Use Statute. The judge noted another similar case from 1991 when a bicyclist was injured at the Saratoga National Historic Park. In that case, the government was also found immune.

If you have been injured in an accident, then you should seek medical treatment immediately. Afterwards, be sure to consult with an attorney as you may be entitled to a large cash settlement if you have lost wages, medical bills and wish to be compensated for pain and suffering. Mr. Lutzky has over 31 years of experience and has recovered millions for past clients. He offers free in office consultations in his Bronx, New York office. If you have been seriously injured, then hospital or home consultations are available. Call 718-514-6619 or 1-800-660-5299 to set up a confidential appointment. Visit www.MyNewYorkCityLawyer.com for additional information and legal resources.