Recreational activities on the water can be fun and thrilling but can be dangerous if safety isn’t considered or if someone doesn’t act responsibly. There is always the risk of injury and possible drowning.
When an accident occurs involving a water activity, a thorough investigation of its cause or causes by experienced legal counsel is always a good idea. There may be complicated legal and safety issues involved. These are not routine cases and each case has to be prepared by an experienced attorney. Routine processing will not work in these cases. All legal and factual issues must be thoroughly and factually considered. There can also be complex technical issues when dealing with equipment used on the water.
Our legal team at O’Connor, Acciani & Levy is experienced and prepared to handle your injury claim that resulted from a boating accident or other water-related activity. We will investigate and pursue information regarding the following:
- What was the specific action being performed?
- When, where, and how was it being done?
- What were all the circumstances of the accident?
- Was it age appropriate for the person involved?
- Was the activity properly supervised?
- Who was in control?
- Was the activity private in nature or was it business related?
- Was the activity part of a commercial rental business?
- Were operators trained in lifesaving techniques, such as CPR?
- Was safety equipment available?
- Were explanations given on how to use the safety equipment?
- Was the safety equipment used?
- Were emergency medical personnel nearby or able to be immediately called?
- What was the specific equipment being used?
- Was the equipment in good working order?
- Did it work properly?
- Was the equipment subject to any recalls?
- Was a waiver or release of liability signed before engaging in the activity?
- Did anyone explain the waiver?
- Was a minor involved?
- Did the parents give permission for the minor’s involvement?
- What was the time between the injury and the notice that a claim may be filed?
- Are there any peculiar legal requirements for the jurisdictions where the accident occurred?
- Who were the witnesses to the accident?
- Are there any photographs or videos taken of the accident?
- Did local or state authorities conduct an investigation?
An injury that occurs on or with a boat is considered a boating accident. An accident can occur on someone’s privately owned boat, a cruise, ship, a personal watercraft (Jet Ski), or a commercial vessel. It is generally required that the operator or pilot of a boat (and/or its owner) have a duty to exercise the highest degree of care in order to prevent injuries to others.
The most common accidents on the water are collisions between two boats, slip and falls on boats, sinking, and boat disappearance. Physical injuries usually occur due to the reckless or careless operation of a boat, or a malfunction, or an inexperienced operator/pilot.
The Law Office of O’Connor, Acciani & Levy have handled numerous claims and lawsuits against the owners and operators of private boats, personal watercrafts and commercial vessels. Please contact us for advice and evaluation on your potential case by calling 513-842-9029, or toll free at 877-288-3241 .
Court costs and case expenses by law are responsibility of the client.