Personal Injury – (248) 588-3333- Boating accidents
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Boat Accidents
Dozens of people are injured in boating accidents every year. These accidents cost hundreds of thousands of dollars and can even be fatal to those involved. If you or your loved ones are planning to visit the beach, ride in a boat, or have already experienced a boating accident; then it is highly advisable that you read this blog post.
How is liability determined for a boating accident?
Boating accidents, like many other types of injuries, is determined by a negligence standard. A person can be held liable for injuries resulting from a boating accident if they failed to act as a reasonable operator of a water craft, and this lack of caution was a primary cause of the injuries that occurred.
How can I prove that the boat operator did not exercise a reasonable standard of care?
There are a number of factors that can be used to show the negligence of a boat operator. These factors include:
- The speed at which the boat was travel. Excessive speed in proximity to swimmers and other boats is textbook negligence.
- Whether or not the boat operator was drunk or otherwise intoxicated at the time of the accident
- If the boat operator was behaving in a dangerous or reckless manner (for example: playing chicken)
- If the boat operator broke any laws. Breaking laws meant to prevent injury is a great way to prove negligence.
- If the watercraft was improperly lit at the time of the accident.
- If the boat was not seaworthy
- If the boat did not have enough life jackets or other floatation devices.
This list can also serve as a helpful reference for defendants seeking to show that they behaved in a reasonable manner. It is also helpful to anyone thinking about operating a boat in a body of water. The items on that list are some pretty good safety practices for anyone who enjoys a day of fun on the water.
Other than the owner/operator, who else might be liable for a boating related injury?
In some cases, boating injuries can be the result of a mistake or negligence in the manufacture of the boat. In which case, the victims of the injury can file a products liability case against the maker of the boat.
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