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Boating Injuries: Causes, Liability, and Legal Options

22 Apr

Boating is a common recreational sport, providing enjoyment and relaxation on the water. Accidents on boats, jet skis, and other watercraft, though, can cause serious injury or death. Boating accidents may be caused by the negligence of the operator, mechanical breakdown, unsafe weather conditions, or reckless conduct. 

If you or someone you care about has been injured in a boat accident, knowing your legal rights and options is important to receiving compensation.

If you or your loved one have been hurt during a ride in a Bird scooter, or got injured by being struck by such a rider, you can make a claim. You need to be aware of your rights before claiming compensation to make the involved parties liable for it.

When a bicycle accident occurs, the effects may be catastrophic with serious injuries, piling-up medical expenses, lost income, and psychological damage. If you or your family member has become injured in a bike accident from another person’s negligence, assistance from a California bike accident attorney can ensure your rightful compensation. A professional lawyer can assist you in the legal process, negotiate with insurance providers, and, if needed, represent you in court.

If you or a loved one has been hurt in a Los Angeles big rig accident, it is beneficial to hire a seasoned big rig accident attorney to guide you through the legal process, advocate for your rights, and obtain the compensation you are entitled to.

Common Causes of Boating Injuries

Boating accidents can happen for many reasons, but some of the most common include:

1. Operator Negligence

  • Inattention or distraction – Not paying attention to surroundings
  • Speeding – Going too fast in crowded waters
  • Failure to follow boating laws – Ignoring right-of-way rules
  • Reckless maneuvers – Sharp turns, sudden stops, or dangerous stunts

2. Boating Under the Influence (BUI)

  • Alcohol and drugs impair judgment, reaction time, and coordination
  • BUI is illegal and is a leading cause of boating accidents
  • Operators who drive under the influence can face criminal and civil liability

3. Mechanical Failures and Defective Equipment

  • Engine malfunctions causing loss of control
  • Steering failures leading to crashes
  • Defective life jackets, fire extinguishers, or emergency equipment
  • Improper maintenance of rental or privately owned boats

4. Hazardous Water and Weather Conditions

  • Strong currents and high waves
  • Unexpected storms and poor visibility
  • Collisions with submerged objects

5. Lack of Proper Safety Equipment

  • Missing or defective life jackets
  • Lack of emergency flares, radios, or first-aid kits
  • Failure to provide safety instructions to passengers

Common Boating Injuries

Boating injuries can range from minor to life-threatening. Some of the most common include:

  • Drowning and Near-Drowning – The most serious risk in any boating accident.
  • Head and Traumatic Brain Injuries (TBI) – Can result from falls, impact with the boat, or collisions.
  • Broken Bones and Fractures – Occur when passengers are thrown from the boat or hit objects.
  • Spinal Cord Injuries – Can lead to paralysis if the spine is damaged.
  • Cuts and Lacerations – Often caused by propeller accidents or debris.
  • Burn Injuries – Caused by fuel fires, electrical issues, or explosions.

Who Can Be Held Liable in a Boating Injury Case?

Determining liability in a boating accident depends on who was negligent. Responsible parties may include:

  • Boat Operator – If the accident was caused by reckless or careless operation.
  • Boat Owner – If the owner failed to maintain the boat or allowed an unqualified person to operate it.
  • Boat Manufacturer – If a defect in the boat or equipment caused the accident.
  • Rental Companies – If they failed to properly maintain the boat or provide safety instructions.
  • Other Boaters – If another vessel caused the accident due to negligence.

Filing a Lawsuit After a Bird Scooter Accident

If you were injured in a boating accident, you may be entitled to compensation for your losses. The process involves:

1. Investigating the Accident

  • Gathering evidence such as photos, witness statements, and police reports.
  • Examining the boat’s condition, maintenance records, and safety equipment.

2. Proving Negligence

To hold someone responsible, you must prove:

  • They had a duty of care (e.g., the boat operator must drive safely).
  • They breached that duty (e.g., operated under the influence).
  • Their negligence caused the accident and led to your injuries.

3. Seeking Compensation

You may be able to recover damages for:

  • Medical bills (emergency care, surgery, rehabilitation).
  • Lost wages if your injuries prevent you from working.
  • Pain and suffering caused by the accident.
  • Property damage if your personal belongings were lost or damaged.
  • Wrongful death claims if a loved one was killed in a boating accident.

What to Do After a Boating Accident

If you are injured in a boating accident, taking the right steps can help protect your legal rights:

1. Seek Medical Attention

  • Even if injuries seem minor, get checked by a doctor.
  • Some injuries, like concussions, may not be immediately apparent.

2. Report the Accident

  • Call the Coast Guard or local authorities.
  • File an official boating accident report if required by law.

3. Document the Scene

  • Take photos and videos of the boat, injuries, and accident scene.
  • Get witness contact information.

4. Avoid Admitting Fault

  • Do not say anything that could be used against you.
  • Let investigators determine who was at fault.

5. Contact a Boating Injury Lawyer

  • An experienced attorney can help you navigate the legal process.
  • They can negotiate with insurance companies to maximize your compensation.

Why You Need a Boating Injury Lawyer

Boating injury cases can be complex due to maritime laws, insurance policies, and liability issues. A lawyer can help by:

  • Investigating the accident to determine fault.
  • Negotiating with insurance companies to secure a fair settlement.
  • Filing a lawsuit if necessary to hold negligent parties accountable.
  • Ensuring compliance with maritime and personal injury laws.

Legal References:

  1. Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
  2. California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) 103 Cal. App. 5th 759.
  3. California Labor Code 2775 LAB.
  4. California Labor Code 2775(b)(1)(A) LAB.
  5. Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
  6. Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
  7. Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
  8. Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
  9. Dynamex, supra note 5, at 959-961.
  10. Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
  11. Dynamex, supra note 5, at 959.
  12. Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
  13. Dynamex, supra note 5, at 961-3.
  14. Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
  15. Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
  16. Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
  17. California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
  18. California Labor Code 2782 LAB.
  19. California Labor Code 2783 LAB.
  20. Same.
  21. Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
  22. Same.
  23. Same.
  24. Same.
  25. California Labor Code 2778 LAB.
  26. Same.
  27. Same.
  28. Same.
  29. Same.
  30. Same.
  31. California Labor Code 2776 LAB.
  32. California Labor Code 2777 LAB.
  33. California Labor Code 2778 LAB.
  34. California Labor Code 2779 LAB.
  35. California Labor Code 2781 LAB.
  36. S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
    1. whether the worker is in a distinct occupation or business,
    2. whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
    3. how much skill is necessary for the work,
    4. who supplies the tools and workspace,
    5. whether or how much the worker invested in their tools or helpers,
    6. how long the services will be performed,
    7. whether the worker is compensable based on time spent on the job or upon the job’s completion,
    8. whether the work is within the purported employer’s regular business,
    9. whether the parties believe that they are creating an employer-employee relationship, and
    10. whether the worker can profit or lose from the work based on their managerial skill.
    None of these factors are dispositive.
  37. Same.
  38. Dynamex, supra note 5, at 954.
  39. Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
  40. California Labor Code 2785 LAB.
  41. Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
  42. California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
  43. California Labor Code 226.8 LAB.

About the Author

Neil Bhartia

Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.

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