I Was Involved in a Boating Accident. Who is Liable?
I Was Involved in a Boating Accident in New York. Who is Liable?
New York weather can be cold and biting, so when warm, sunny climes arrive, New Yorkers are more than ready to enjoy some fun in the sun and on the water. Boating presents an exciting activity to share with friends and family, but with the fun comes responsibility and vigilance. Carefree recreation can quickly turn into unanticipated chaos if a boating accident should occur. Understanding the responsibilities of those involved in a boating accident can be the difference between a relatively painless recovery and a seemingly never-ending headache.
Many factors can lead to an unforeseen mishap during boating. Crowded waters, mechanical malfunctions, partying sailors and guests, and unanticipated weather events – can all lead to severe damage and debilitating injuries. Determining the liability for these situations can be difficult. Was operator negligence the reason for the accident? Did the boat or other essential equipment malfunction? Did your beautiful day give way to harsh and unexpected weather conditions? Were other boaters irresponsible or recklessly operating their vessels? A blatant disregard of nautical standards and practices can be as dangerous and deadly as those on land and roads. Similarly, victims of boating accidents have the right to file financial claims against responsible parties for injuries, pain & suffering, and even death. Determining this liability can be challenging, requiring expert investigation and a technical understanding of the effects of water upon an accident site and those who have either witnessed or been injured in the accident.
Injuries due to boat accidents are not as uncommon as you might think. They may include a simple slip-and-fall on deck, however other, more traumatic injuries such as broken bones, spinal cord injuries, traumatic brain injuries (TBIs), amputations, or death.
If you have experienced a boating accident and are uncertain about your rights, call Daniella Levi & Associates, P.C. We will help you evaluate the circumstances that led to the accident and ascertain your rights to recover total compensation for your injuries and personal loss.
Together, we will determine and pursue those that might be held responsible for boating accidents. We will ask questions and find answers, such as:
- Was your vessel appointed adequately with all of the necessary and appropriate life jackets and floatation devices required by law for adults and children? Was this equipment in good condition and were all aboard adequately informed and trained on their usage? Whether a recreational vessel or a commercial operation, owners and masters must have suitable Coast Guard-approved life jackets on board for passengers of all ages. Failure to do so leaves them liable for significant penalties. Children under 13 years of age must wear an appropriately-sized U.S. Coast Guard-approved life jacket on a boat on open water unless they are below the deck or within an enclosed cabin.
- Did the captain, master, or operator of your boat provide reasonable safety instructions to all passengers before launch? Did they allow another person or persons to operate the boat who were not qualified to do so?
- Was your vessel’s captain or operator intoxicated while operating the boat? Did you observe them engaged in careless or reckless operations or in any other way disregarding boating laws?
- Did other passengers on the boat behave dangerously or recklessly, which may have interfered with the boat’s safe operation? Was the operator of the boat unable to properly fulfill their duty due to another passenger’s reckless behavior?
- What was the condition of the boat? If a rental company issued the vessel, was the accident a result of their failure to maintain the boat properly?
Could the accident be a direct result of a manufacturing defect?
There are as many contributing conditions to maritime accidents as boats on the water. At Daniella Levi & Associates, P.C. we will thoroughly evaluate every facet of your boating accident to determine liability and recover your damages, whether from physical injuries, medical expenses, loss of income or livelihood, vessel repair, pain & suffering, or any other unanticipated expenses you may incur. Your recreation should never become your tragedy. If you are injured and require a visit by one of our legal professionals, call us today to set up a consultation, and we’ll come to you. Your first visit is free, and we don’t get paid until you receive the compensation you greatly deserve.
About Daniella Levi & Associates P.C.
After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.
We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.
Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.
At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.