Denver Personal Injury Attorney

Boating Injury

People are seriously injured in recreational boating accidents each year. Personal watercraft (PWC) operators also are injured, and deaths from PWC are on the rise. Operator error, inexperience, equipment failure, or operating while under the influence of drugs or alcohol often are to blame in boating accidents.

The law that applies to your PWC or boating accident case is critical. Accidents on the water may invoke state law, admiralty law, maritime law, and seaman’s status. Therefore, it is critical that you speak with a knowledgeable legal professional to advise you and evaluate your case. Contact Baroway Law Firm, P.C., to speak with an experienced Colorado boating accident attorney.

The classification of a PWC currently is Class A inboard boat that is operated without a brake, rudder or reverse throttle mechanism. Due the design of these vessels they are very dangerous to operate by an underage or untrained person. Operators with inadequate experience or age will release the throttle hoping to avoid a collision. But once the jet is stopped, there is no longer control of the PWC.

For example, if 2 PWC operators that travel at 40mph head on will only have 1.3 seconds reaction time to avoid a collision. Because of this limited reaction time, a user’s inexperience and age often play a key role in the accident. About 84% of the PWC accidents involve operators who had no boating instruction or instruction in addition, 73% had been riding for less than one hour when the accident occurred. Of those injured 48% had never operated a PWC or had so only once. (National Transportation Safety Board Study: PWC Safety – 1998)

A user’s youth and inexperience often play a role in the accident. Roughly 84% of PWC accidents involve operators who had no boating safety education or instruction and 73% had been riding for less than 1 hour when the accident occurred. Forty-eight percent of those injured had never operated a PWC or had done so only once. (National Transportation Safety Board Study: PWC Safety – 1998)

Depending on the uniqueness of the watercraft, a personal injury attorney must evaluate issues of:

1. Negligent entrustment
2. Negligent supervision
3. Negligent operation
4. Negligence per se
5. Products liability - may provide the best source of recovery if serious injury.
6. Homeowners Insurance – usually excludes watercraft.
7. Boaters policy.

In addition, the type of law which applies to the case is important. Accidents on the water may involve maritime law, state law, seaman’s status, and admiralty law. Therefore, it is essential that you speak with a legal professional regarding evaluation of your case. (E-mail link).

Products liability may provide the best source of recovery you or a loved one suffered serious personal injury or wrongful death due to a boating accident or PWC accident. Contact us today to schedule a free initial consultation concerning your boat injury.