The risk associated with boating is significant. Recreational boating has become increasingly popular in recent years. There are about 200,000 personal water crafts (PWC) sold each year and  more than one million are in current operation. According to the National Transportation Safety Board in 1994, the number of PWC fatalities began to increase noticeably because the increased number of PWC. Preliminary 1997 information indicates that for recreational vessels the leading cause of fatalities is not drowning but blunt force trauma. Practice and encourage safe boating but remember to protect your legal rights if an accident happens.

Boaters must follow the laws that pertain to boating. This includes in part speed limits, safety equipment, proper lighting, and right-of-way rules. Failure to observe laws and rules of boating can lead to criminal charges and civil law suits. For example, if a boat does not have the proper lights and, as a result, you have a collision, the operator can be held responsible for injuries and damages. An owner and/or operator can be held responsible for accidents that occur if the operator is unqualified, under the influence of drugs or alcohol, fails to keep a proper lookout for water-skiers or swimmers, neglects to warn of approaching dangers, fails to have proper safety equipment, ignores weather warnings, or fails in the performance of other safety standards.

There are a number of recurring issues that should be considered including in part the following.

• What was the specific activity being performed?

• Where was it being performed?

• Was it age appropriate for the person involved?

• Was the activity being properly supervised?

• Was the activity of a private nature or was it business related?

• Are the operators of a business related activity responsible?

• Did the operator’s have training and knowledge of lifesaving techniques, such as CPR, as well as the presence of safety equipment and the 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 action against the operator?

• Are there any peculiar legal requirements for the jurisdictions where the accident occurred?

• What were the weather conditions at the time?

• Was the accident reported to and investigated by law enforcement officials?

• Was the operator charged with a criminal offense?

If you, a friend, or loved one are the victim of a boating accident, you should take immediate steps to protect their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, or their representatives. After calling the coast guard or other law enforcement authorities, obtain needed medical attention. Read the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to accidents. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using the following Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.