BOATING AND RECREATIONAL ACCIDENTS

San Francisco Injury Lawyers > Boating Accidents

Millions of Americans enjoy the waterways each year. It may be skiing on a river, fishing on a lake, sailing the open sea, or taking the personal watercraft out for a spin. Unfortunately, all too often a day of relaxation in the sun and recreation turns to tragedy when a person is seriously injured or killed in a boating accident.

Injuries from a boat or recreational watercraft can come in a number of ways. The number one cause of boat-related deaths and injuries is collision with another vessel. Other types of boating accidents are collision with a fixed object (such as a bridge or railroad trestle), a skier mishap, a fall overboard, and the capsizing of the boat. The leading cause of boat-related injuries and deaths is simple operator inattention, followed by reckless operation, excessive speed, no proper lookout, and operator inexperience. Impairment of the boat operator due to alcohol plays a large part in many boating accidents.

The operator of a boat owes a duty to others on the waterway to operate the boat in such a way that does not put others at risk of being harmed ("negligent"). The duty to operate a boat safely also extends to passengers on the boat. For example, if the driver of the boat is not paying attention and crashes into a bridge, resulting in injuries to or death of his or her passenger, the owner and operator of the boat can be held liable for all damages related to the passenger's injuries or death.

One particular danger of motorboats is unguarded propellers. A person on the boat may lose his or her balance and fall over the back of the boat and be severely mangled, even killed, by the churning propeller. Similarly, when a boat circles a swimmer or a downed skier, the operator must not drive the boat so close to the swimmer or skier that he or she becomes a victim of an unguarded propeller.

The owner/operator of a boat must ensure that the craft is seaworthy and that weather and water conditions are calm enough to safely take the vessel out. For instance, a business that takes passengers out for deep-sea fishing trips must ensure the boat and engine are in proper working order and that the seas are not too rough. If the operator takes the boat out in heavy and unsafe seas and inclement weather, resulting in a passenger being thrown overboard or the vessel capsizing, the owner/operator of the boat can be held liable for the injuries or deaths of the passengers.

The owner of a sailboat who takes friends out owes them a duty to protect them from harm. Passengers may be knocked over the side of the boat when hit by the boom while the operator is making a turn ("tacking") without warning passengers to duck. If the passenger has been knocked unconscious by the boom and thrown into the sea or lake, he or she may well drown.

For more information visit our boating accident frequently asked questions page

San Francisco Injury Lawyers > Boating Accidents

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