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This content is for informational purposes only and is not intended to provide legal advice.
Boating is a popular pastime and pursuit that many people enjoy, allowing them to cast off the cares of the world and explore new horizons on the open waters. While typically viewed as a relaxing endeavor, boating also comes with certain risks that can result in accidents happening. From mechanical failures and reckless navigation to weather hazards and operator negligence, the list of factors that can cause difficulties can be extensive.
According to statistics, in 2022, 636 people died in the U.S. as a result of boating accidents, and 2,222 people were injured. The injuries sustained on the seas can range from minor scrapes and bruises to more severe injuries such as spinal cord injuries, fractures, and traumatic brain injury (TBI).
If you have suffered injuries following a boating accident and are considering pursuing a personal injury claim against the responsible party, it is advisable to seek the assistance of a lawyer with experience in boating accidents such as a Baton Rouge Injury Lawyer.
In this article, we will take a closer look at some of the legal aspects involved with bringing a boat accident personal injury claim, enabling you to proceed with greater confidence and clarity.
Attributing Liability
In order to be successfully compensated for one’s injuries and losses, claimants in boating accident cases must be able to prove that the other party was liable for the accident. In some cases, responsibility could lie with more than one party. Some of the factors that are assessed when attributing liability include the following:
- Operator responsibility:The boat operator bears chief responsibility for ensuring the safety of the boat and all of its passengers. From keeping a vigilant lookout, and adhering to all maritime and navigation rules to responsibly operating the vessel, their duties are essential for ensuring the safety, wellbeing, and enjoyment of all on board.
- Duty of care: Those in charge of operating a boat also have a legal duty to exercise care towards their passengers. This requires them to maintain a safe and responsible boating experience by putting safety measures in place. This includes informing passengers of all safety protocols and requirements and providing them with the necessary equipment needed in cases of emergency.
- Third parties: Oftentimes, third parties may be involved in boat accidents without having any responsibility for operating the boat itself. For example, this may include other boaters, swimmers, coast guards, or port authorities.
Boating Accident Compensation
If it can be proved that the negligence of one or more of these parties resulted in the claimant’s injuries they may be eligible for compensation for their injuries and losses. The damages they may be awarded will typically be for matters such as:
- Medical expenses
- Rehabilitation and therapy costs
- Lost earnings and future earning ability
- Property damage
- Pain and suffering
- Rescue costs
- Punitive damages
By working with a personal injury lawyer, claimants can assess the full extent of the damages they may be entitled to.
Claimants and their legal representatives are more likely to secure a favorable outcome when equipped with a thorough understanding of the legalities of a boating accident personal claim.
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