Water sports and activities are both exhilarating and fraught with unique dangers. There is always the risk of drowning. When a water related accident occurs, a through investigation and evaluation of it’s causes by an experienced legal team is always prudent. Complex legal and safety issues may be involved. Like other types of accident cases, no one formula can be applied but legal and factual issues should be thoroughly considered, investigated, and resolved.

Legal claims involving water accidents can involve complex legal and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

• What was the specific activity being performed?

• When and where was it being performed?

• What were the circumstances of the accident?

• Was it age appropriate for the person involved? 

• Was the activity properly supervised? 

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

• Was the activity part of a commercial rental business? 

• Were operator’s trained in lifesaving techniques, such as CPR?

• Was  safety equipment available?

• Was there an 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 their claim? 

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

• Were there any witnesses to the accident?

• Were any photographs or videos taken of the accident?

• Was the accident investigated by government authorities?

Importantly, do not unwittingly compromise your legal rights by making statements to the press, signing any documents, talking to insurance investigators, potential defendants, or their representatives. One should always protect their rights by consulting with a competent attorney before such interactions take place. If you, a friend, or loved one have been injured in a water related activity, consider the suggestions in our accident guide, and call us immediately for an evaluation of your case. We are here to help. 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 our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.