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FAQs : Boating Accidents and Injuries

Q
Who is liable if a crew member is injured while working?
AA person injured while employed as a maritime worker over navigable waters will be covered by federal law. Under federal law, the employer is generally liable for injuries or the wrongful death of an employee.
Q
What are navigable waters?
A“Navigable waters” are all waters, which are capable of transporting people or cargo between the states and other countries.
Q
What are the common causes of boating injuries and fatalities?
ASome common causes of boating injuries and fatalities are capsizing of the vessel, falls overboard and a collision with another vessel.
Q
What are some safety measures that can help prevent injuries and deaths from boating accidents?
ASome safety measures that can help prevent injuries and deaths are: wear a life jacket, do not consume alcoholic beverages while boating, take a boating education course and participate in the Vessel Safety Check (VSC) program.
Q
Can anyone have a personal injury claim if injured while aboard a watercraft?
APeople who may have a personal injury claim may be a: seaman, social guest, business visitor or bystander/swimmer/water skier. The individuals’ category determines which law will apply to their claim (state or federal).
Q
Does maritime law only apply to large commercial ships?
A Maritime law applies to most types of vessels. A vessel may be a large commercial cargo ship, a cruise ship, a fishing boat or a jet ski (or other personal watercraft).
Q
I suffered an injury while aboard a cruise ship; do I have a claim?
A Personal injuries aboard a cruise ship are covered by maritime law. You should contact an attorney knowledgeable in maritime law to discuss your situation and what your legal options may be.
Q
What are the common boating accident contributing factors?
A Some common boating accident contribution factors are: operator inattention, inexperience, excessive speed and careless or reckless operation, alcohol, passenger/skier behavior, not having a proper lookout, Restricted vision, hazardous waters or weather, equipment failure or engine failure.
Q
When must a boating accident report be filed?
A A causality or accident report must be submitted to the reporting authority if any of the following occurs: a person dies, a person disappears under circumstances that indicate death or injury, a person is injured and requires medical treatment beyond first aid, damage to the vessel and property is greater than $500 or complete loss of a vessel.
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