Boating and Water sport activities are both
adrenaline pumping and fraught with unique dangers. There is
always the risk of drowning. When a water related accident
occurs, a thorough investigation and evaluation of its cause(s) by an experienced legal team is always the best way
to proceed. Complex legal and safety issues may be involved.
Like other types of accident cases, no one formula can be
applied but legal and factual issues should be thoroughly
considered, investigated and resolved.
Legal claims involving water accidents can involve complex
legal and technical issues. The following are a few
important legal, factual and evidentiary matters that should
be considered when evaluating a claim.
What was the specific activity being performed?
When and where was it being performed?
What were the circumstances of the accident?
Was it age appropriate for the person involved?
Was the activity properly supervised?
Was the activity private in nature or was it business
Was the activity part of a commercial rental business?
Were operator's trained in lifesaving techniques, such as
Was safety equipment available?
Was there an ability to immediately notify medical personnel
in the event of injury?
Was there any special equipment being used?
Was the equipment in disrepair or properly maintained or
otherwise unsafe or defective?
Was the equipment subject to any recalls?
Did the injured participant sign a waiver or release of
liability before engaging in the activity?
Were they competent to do so?
How long did the injured party wait before pursuing their
Are there any peculiar legal requirements for the
jurisdictions where the accident occurred?
Were there any witnesses to the accident?
Were any photographs or videos taken of the accident?
Was the accident investigated by government authorities?
An injury that occurs on or with a boat is considered a
boating accident. A boating accident can occur on someone's
privately owned boat, a cruise ship, a personal watercraft
(Jet Ski), or a ferry. It is a general rule of the law that
the operator of a boat and its owner have a duty to exercise
the highest degree of care in order to prevent injuries to
others. The most common boating accidents are collisions
with other boats, slip and falls on the boat, sinking and
boat disappearance. Boating injuries usually occur because
of a reckless or careless operator, boat malfunctions or an
inexperienced operator. The Law Offices of James P. Howe
have handled lawsuits against the owners and
operators of private boats and personal watercrafts.
or call us today at (401) 788-0600 to speak with
someone from our firm..