Boating Accidents Involving Children & Related Legal Claims
Families often enjoy going out on the water for recreation, but thousands of boating injuries occur each year. A meaningful percentage of these injuries involve children. Parents should not take their children on a boat until they can wear a life jacket that appropriately fits them. Children should not dangle their hands or feet over the side of the boat, and they should not run on the boat due to the risk of tripping and falling. Other tips for parents include:
- Always wearing a life jacket: children are more likely to wear life jackets when their parents model this behavior
- Keeping children warm: they are more likely than adults to suffer from hypothermia
- Not letting a teenage child operate a boat unless they are sufficiently mature and carefully supervised
- Not operating a boat after consuming alcohol
- Keeping an eye on weather conditions and returning to land when potentially hazardous conditions arise
However, parents cannot completely avert the risk of accidents caused by human error. If a parent is operating the boat, they may not be able to avoid a collision with another operator who is drunk, distracted, violating a boating right of way rule, or otherwise acting carelessly or recklessly. If they go out on a boat operated by someone else, that person may fail to take proper safety precautions, causing the boat to collide with other boats or stationary objects, such as rocks or buoys. A boat operator who lacks adequate training may fail to notice hazards or respond promptly to emergencies. Failing to supply a boat with appropriate safety equipment also may contribute to injuries.
Legal Claims Based on Boating Accidents
Like accidents involving vehicles on land, accidents involving boats may support a negligence claim against one or more boating operators. In a negligence claim, a victim would need to prove that the defendant failed to exercise the proper degree of care under the circumstances, and this caused their injuries. Sometimes parties other than an individual who operated a boat also may be sued. For example, if the operator was on the job at the time, their employer might be vicariously liable. This theory holds an employer responsible for the negligence of an employee, even if the employer did nothing wrong.
In some cases, a manufacturer may be responsible for an accident when the boat or one of its components contains a defect. Parents may have a product liability claim against the manufacturer. They would need to show that the defect in the boat or component caused their child’s injuries. Products liability claims tend to be complex and may require retaining expert witnesses. However, fault may be easier to establish than in ordinary personal injury cases because strict liability usually applies. This means that parents would not need to prove negligence, or a failure to meet a particular standard of care.
Damages following a boating accident may compensate a child for the pain and suffering that they endured, as well as other intangible harm. Parents also can recover the costs of medical bills, future treatment, and other out-of-pocket expenses. If a child suffered a tragic death during an outing on the water, such as a drowning incident, parents likely can recover damages through a wrongful death claim against an at-fault party.
A defendant or insurer may contest a case that involves serious injuries and substantial damages, even when liability seems straightforward. Parents may benefit from working with a personal injury lawyer who is experienced in the distinctive field of boating accidents. Their attorney likely will not charge fees unless and until they get a settlement or judgment, part of which would be set aside to pay the attorney.