Personal Injury Summer Edition Part II: Boating Safety

Recreational boating accidents happen more often than you may imagine. In 2017, the U.S. Coast Guard counter 4,291 accidents that involved 658 deaths, 2,629 injuries and approximately $46 million dollars of damage to property as a result of recreational boating accidents.

Operator inattention, improper lookout, operator inexperience, machinery failure, and alcohol use rank as the top five primary contributing factors in boating accidents.

One critical factor is understanding which watercraft the law regards as recreational boats. These include:

• Jet skis
• Inflatable boats
• Pontoons
• Canoes
• Paddleboards
• Kayaks
• Yachts
• Sailboats

When an accident occurs, the first step is to identify who or what caused the accident. Did the accident occur due to the operator’s lack of experience or negligence? For example, were there other factors involved?

Another important consideration in any boating accident is whether or not the case will be subject to federal maritime law or state law.

While understanding the law and your rights is good, having an experienced personal injury attorney at your side from the beginning is crucial. In one boating accident case which we are currently handling, the insurance carrier persuaded our (then unrepresented) client to sign a release in exchange for a mere $6,000 which definitely did not fully and fairly compensate him for his hip surgery!

The attorneys for the boat operator attempted to get the case dismissed based upon the signed release but we were able to persuade the Court that the release was not binding under the circumstances.

We hope that your summer is eventful and injury-free. In case you are involved in a boating accident or know someone who is, save our number – 212.366.4600.