risk associated with boating is significant. Recreational boating has
become increasingly popular in recent years. There are about 200,000
personal water crafts (PWC) sold each year and more than one
million are in current operation. According to the National
Transportation Safety Board in 1994, the number of PWC fatalities
began to increase noticeably because the increased number of PWC.
Preliminary 1997 information indicates that for recreational vessels
the leading cause of fatalities is not drowning but blunt force
trauma. Practice and encourage safe boating but remember to protect
your legal rights if an accident happens.
must follow the laws that pertain to boating. This includes in part
speed limits, safety equipment, proper lighting, and right-of-way
rules. Failure to observe laws and rules of boating can lead to criminal
charges and civil law suits. For example, if a boat does not have the
proper lights and, as a result, you have a collision, the operator
can be held responsible for injuries and damages. An owner and/or
operator can be held responsible for accidents that occur if the
operator is unqualified, under the influence of drugs or alcohol,
fails to keep a proper lookout for water-skiers or swimmers, neglects
to warn of approaching dangers, fails to have proper safety
equipment, ignores weather warnings, or fails in the performance of
other safety standards.
are a number of recurring issues that should be considered including
in part the following.
What was the specific activity being
Where was it being performed?
Was it age appropriate for
the person involved?
Was the activity being properly supervised?
the activity of a private nature or was it business related?
operators of a business related activity responsible?
operatorís have training and knowledge of lifesaving techniques, such as
CPR, as well as the presence of safety equipment and the ability to
immediately notify medical personnel in the event of injury?
any special equipment being used?
Was the equipment in disrepair or
properly maintained or otherwise unsafe or defective?
equipment subject to any recalls?
Did the injured participant sign a
waiver or release of liability before engaging in the activity?
they competent to do so?
How long did the injured party wait before
pursuing action against the operator?
Are there any peculiar legal
requirements for the jurisdictions where the accident occurred?
were the weather conditions at the time?
Was the accident reported to
and investigated by law enforcement officials?
Was the operator
charged with a criminal offense?
you, a friend, or loved one are the victim of a boating accident, you
should take immediate steps to protect their interest. Do not
compromise your rights by making statements to the press, insurance
investigators, potential defendants, or their representatives. After
calling the coast guard or other law enforcement authorities, obtain
needed medical attention. Read the suggestions in our accident guide,
and call us immediately. We are here to help. At Larry King, P.C., we
recognize the unique issues pertaining to accidents. You can call us at (757) 595-8100
seven days a week, 24 hours a day, everyday of the year. We also
offer a free legal-infoline service, and you can now contact us on
this web site by using the following Personal Injury Contact form. We
are committed to doing the extra things it takes to help our clients.