Boating Safety Tips
Boating accidents often result in significant property damage and devastating injuries, but they can often be avoided if people abide by certain boating safety tips. Unfortunately, however, even the most careful boaters cannot avoid mishaps caused by other people’s reckless behavior, and people that cause such incidents should be held accountable. If you have suffered harm due to a boating accident, it is important to speak with a lawyer as soon as possible to explore your options for seeking compensation. The Mobile boating accident lawyers of Tobias & Comer Law, LLC have experience helping people who have been injured in boating accidents caused by the negligence of others seek justice for their losses.
There are numerous safety tips people should keep in mind when they are boating in Alabama’s waterways. The first is to ensure that their boat is in good working condition before heading out and that all necessary safety equipment is on your vessel and in proper working order. It is also smart to check for any product recalls on your boat, its engine, and any other equipment you will use while out in the water. Novice boaters should attend an in-person boating safety class before going out on the water.
Link to ALEA Boat Equipment Checklist
It is also important for all boaters to be mindful of their surroundings and avoid traveling too closely to boats in motion, boats at idle, and people in the water, and to keep to the right when passing head-on or in a narrow channel. They should void drinking alcohol while boating as well, as it can compound the effects of “boater fatigue” caused by the sun, wind, and other weather conditions.
Everyone on board a boat should wear a U.S. Coast Guard-approved life vest, particularly at night. All passengers should be securely seated inside the boat while underway and should avoid exposing their arms and legs to the water. It is also important not to overload the boat beyond recommended safe-carrying capacity. See our Top Boating Safety Tips at the Sidebar.
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Seeking Damages for Harm Sustained in Boating AccidentsEven if people follow all of the recommended boating safety tips, they may nonetheless be involved in accidents caused by the careless acts of others. Boating accidents can result in serious injuries and property damage, leaving victims with significant financial burdens. To seek compensation for their losses, many people injured in such accidents will pursue damages in civil lawsuits. The specific causes of action and defendants named in these lawsuits will vary depending on the circumstances of each case. Allegations of negligence are common, however.
In Alabama, a plaintiff bringing a negligence claim in a boating accident case must demonstrate that the defendant owed them a duty of care and breached that duty, resulting in actual harm. The duty imposed on the defendant is typically to act with reasonable care in light of the circumstances. While the breach of duty does not have to be the sole cause of the accident and subsequent harm, it must be a significant contributing factor for the plaintiff to establish liability.
In cases where a defective boat caused the accident, the plaintiff may be able to assert product liability claims against the entities that manufactured and sold it. This could involve claims of design defects, manufacturing defects, or inadequate warnings or instructions.
Defendants in boating accident lawsuits may argue that the plaintiff bears some or all of the responsibility for their injuries, however, and therefore, they should not be entitled to damages. Under Alabama’s strict contributory negligence laws, if the fact finder determines that the plaintiff is even partially at fault for their losses, they will be barred from recovering any damages. By working with a knowledgeable lawyer, though, an injured party can increase their chances of obtaining fair and just compensation for their losses.
Talk to an Experienced Mobile Attorney TodayGiven the complexity of boating accident cases and the challenges plaintiffs face in proving liability, it is essential for anyone injured in such an accident to seek the assistance of an experienced maritime attorney. At Tobias & Comer Law, LLC, our skilled Mobile maritime lawyers can investigate the circumstances of your accident and build a compelling case on your behalf to help you fight to protect your interests. We represent people in personal injury cases in Mobile and throughout Alabama. You can reach us through our form online or at (251) 432-5001 to set up a meeting.
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