Michigan boating accidents can turn tragic quickly. Entanglements with propellers, shock from cold water, head injuries when struck by a boat or other watercraft, crashes, and many other accidents can leave a person disabled for life or result in death. Even less traumatic injuries can require months or years of treatment and recovery. Knowing when a boat operator or someone else is liable for your injuries in a boating incident can mean the difference between shouldering the burden of injury costs and suffering alone or holding the appropriate person accountable and requiring them to bear the financial burden.
Understanding who is liable for boating related injuries begins with understanding what we mean by “liable.” Essentially, a liable party is the person (or people), company or organization who is going to pay for the costs and damages arising from the accident. A party can be liable for injuries under either of the following conditions:
- When the party had a duty of care toward the injury victim and failure to maintain that duty of care resulted in the injuries. The duty of care can be proscribed by law or a matter of common sense. For example, a boat operator has a duty of care toward passengers in the boat to keep them safe from foreseeable and reasonably preventable accidents. Prohibition against operating a boat while intoxicated is a duty of care proscribed by law. The expectation that passengers will not interfere with operation of the boat or act in a way that endangers the safety of other passengers is a common sense duty of care.
- When the party contracts to accept liability under particular circumstances. Insurance companies contract to accept liability for accidents in exchange for payment of insurance premiums. Terms of the insurance policy (contract) determine the circumstances under which the insurer will accept liability and how much they are willing to pay in damages.
Potential Liable Parties for Boating Accident Injuries
Here are some examples of parties that may be liable for injuries caused by boating-related accidents. In some cases, more than one person, company or organization may be liable. This list is not exhaustive.
- Operator of the boat/watercraft the accident victim was on if drunkenness, intoxication, reckless operation, willful violation of boating laws, or other negligent action resulted in the injuries.
- Operator of a boat/watercraft that struck the accident victim or crashed into boat/watercraft the accident victim was on if drunkenness, intoxication, reckless operation, willful violation of boating laws, or other negligent action resulted in the injuries.
- Insurance company covering the boat/watercraft involved if circumstances fit within the parameters of the insurance policy.
- A passenger on the boat/watercraft involved if reckless behavior, such as dangerous horseplay while the boat was in operation or interfering with the boat’s operator, resulted in the injuries.
- Operator of a boat/watercraft involved if a passenger was acting recklessly and the operator knew of the reckless behavior, could have stopped it or tried to stop it, and neglected to do so.
- Owner of a boat/watercraft involved if they knowingly loaned the boat/watercraft to someone who was not qualified to operate it or was restricted from operation of the boat/watercraft involved.
- Manufacturer of the boat/watercraft involved if the accident resulted from a manufacturing defect or design flaw that should have been identified prior to leaving the manufacturing facility.
- Companies or organizations sponsoring use of the boat/watercraft involved, such as a cruise line or boat rental company, or their insurer if the accident resulted from conditions the company/organization could have been foreseen and prevented, such as failure to fix a known maintenance problem that resulted in the accident.
- Bars or restaurants that continued to serve a drunken boat operator when it was reasonable that they knew the patron was likely to be driving a boat or car and that they knew the patron was already intoxicated.
Unfortunately, proving that someone is liable for boating accident injuries is rarely easy. Water and changing elements can obscure or destroy evidence. Additionally, boating injury cases are subject to the complexities of maritime law rather than state personal injury laws. Meanwhile, insurance companies who may be liable for damages may deny claims or try to persuade injury victims to accept a settlement offer much below the true costs of damages. For these reasons and others, if you’ve been injured in a boating accident, it is best to hire an experienced boating accident attorney who knows the ropes and can help you present a solid case.
In Michigan, the boating accident attorneys at Sachs Waldman, P.C., can assist in identifying and obtaining evidence and testimony for your case and help you obtain compensation for your medical costs and other damages when you’ve been involved in a Michigan boating accident. Call our Detroit personal injury attorneys at 1-800-638-6722 to schedule a free consultation.
