Legally reviewed by Barry B. Ansbacher - Ansbacher Law
No one expects to sustain a serious injury while simply spending the day on their friend or relative’s boat. That said, unfortunately, boats, when improperly operated, can result in devastating accidents and injuries. If you or someone you know has been injured as a passenger on a boat, there’s a strong chance you have a case for compensation, and our legal team is here to help you pursue it. Continue reading and contact a seasoned Jacksonville personal injury lawyer here at Ansbacher Law to learn more. Here are some of the questions you may have:
Can an Injured Boat Passenger File a Lawsuit in Florida?
Yes, in many situations, an injured passenger may pursue compensation through an insurance claim or personal injury lawsuit. The most important question is usually whether another person or entity acted negligently.
Boat operators have a responsibility to operate their vessels with reasonable care under the circumstances. They must follow applicable navigation rules, pay attention to weather and water conditions, maintain a proper lookout, and, ultimately, avoid placing passengers in unnecessary danger. Some of the most common examples of negligence that may support a boating injury claim are as follows:
- Operating a boat while impaired by alcohol or drugs
- Speeding or making unsafe turns
- Failing to provide or require proper safety equipment
- Ignoring dangerous weather, wakes, or water conditions
- Colliding with another vessel, dock, bridge, swimmer, or fixed object
- Allowing an inexperienced or reckless person to operate the boat
- Overloading the vessel with passengers or equipment
- Failing to properly maintain the boat or its mechanical systems
It is also very important to note that the operator is not always the only potentially responsible party. Depending on the facts, a claim may also be brought against a boat owner, rental company, charter company, tour operator, manufacturer, or another negligent boater.
What Compensation Can a Passenger Recover After a Boat Accident?
Every case is different, but an injured passenger may be entitled to compensation for both financial losses and the personal effects of an injury. A serious boating accident can disrupt work, family life, mobility, and long-term health in ways that are not immediately obvious after the incident. Some potential damages may include the following:
- Emergency medical treatment and hospitalization
- Future medical care, therapy, and rehabilitation
- Lost wages and reduced earning ability
- Physical pain and suffering
- Emotional distress and mental anguish
- Permanent scarring, disability, or disfigurement
- Loss of enjoyment of life
- Property damaged in the accident
In a fatal boating accident, surviving family members may also have grounds to pursue a wrongful death claim.
What Should I Do After Being Hurt on a Boat?
Your health should come first. Seek medical attention as soon as possible, even if you initially believe your injuries are minor, because some conditions worsen over time or do not immediately produce obvious symptoms. If you are able to do so, it can also help to:
- Report the accident to law enforcement or the appropriate boating authority
- Obtain the names and contact information of witnesses
- Take photographs of the vessel, injuries, location, and visible damage
- Preserve messages, videos, receipts, and medical records
- Avoid giving a recorded statement to an insurer before speaking with an attorney
- Contact a Florida personal injury lawyer promptly
Ultimately, if you’ve been injured in a boat accident, you need a legal team who can effectively fight for your rights and compensation. Fortunately, if you’re reading this, you’re in the right place. Contact Ansbacher Law for a free initial consultation today so we can get started working on your case.