Boating is a seasonal highlight for many British Columbians. It is not without risk though and sometimes people are injured or killed due to the fault of a boat operator.
The principles of a liability for boat accidents are the same as they are for car accidents. The injured person must prove the boat operator was responsible for the injuries claimed. In other words, the injured person must prove the boat operator was negligent (the legal word for careless) and the operators negligence was the reason the person was injured.
Although the principle is the same for cars and boats, proof is often more difficult with boats due to factors such as wide open nature of water and few posted speed limits. Although it is safe to say a passenger injured when 2 boats collide should be able to prove liability against at least one of the operators, if is not always so easy in a single boat accident.
At Taylor & Blair we have settled cases in which it was alleged the operator was going too fast for the conditions and the passenger was injured as a result.
Obviously, one should not drink alcohol and operate a boat. When you are a driver or passenger on a boat, we also recommend that you protect yourself by wearing a life-jacket or personal floatation device, following boating rules and keeping a lookout for other boaters that could come from any direction, for rocks, shallow areas and swimmers that are up ahead. To operate a boat, the Marine Liability Act requires that you have proof of competency by obtaining a boating license and that each motorized boat be registered. Sometimes, however, even the most careful boater can become a victim of a boating accident.
If you have a boating accident, Taylor & Blair can help guide you through the insurance claim process to bring you the best possible results. We can also represent you if you have a personal injury case against another party that is liable for the accident.
We will pursue all possible sources of compensation for you to ensure that you receive a fair settlement or a ruling that will properly and fairly compensate you. The liable party may have a separate marine policy or other applicable liability insurance for an accident claim. Contact our personal injury law firm in Vancouver at Taylor & Blair at 604-737-6900.