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What Constitutes Unlawful Operation Of A Boat & When Can I Sue?

Posted on : June 13, 2023

Few things are better than spending weekends out on the water, but avid boaters know firsthand how dangerous it can be when people operate their boats unlawfully. Below, learn what constitutes unlawful boat operation, the types of personal injuries that can result from it, who is liable for these injuries, and when you can sue for damages.

Unlawful Operation Defined 

Unlawful boat operation refers to any behavior that violates state or federal boating laws. Examples of unlawful boat operation include operating a boat under the influence of drugs or alcohol, speeding in no-wake zones, ignoring right-of-way rules, and not having proper safety equipment on board. These actions can put both the operators of the boat and other people on the water at serious risk.

Types Of Injuries Caused By Unlawful Boat Operation 

Unlawful boat operation can result in a wide range of personal injuries, including:

  • Drowning. Drowning is one of the most serious injuries that can result from unlawful boat operation. When a person falls overboard or a boat capsizes, they may be unable to swim to safety and could drown.
  • Traumatic brain injuries. Traumatic brain injuries can occur when a person’s head strikes a hard surface, such as the deck of a boat, during an accident. These injuries can have long-term effects on a person’s cognitive abilities, speech, and mobility.
  • Broken bones. Broken bones are common injuries in boating accidents, particularly when a person is thrown from the boat or collides with another object. 
  • Burn injuries. Boating accidents can also result in burns, particularly if a fire breaks out on board. Burns can be painful and may require extensive medical treatment. 

Who’s Liable & When Can You Sue? 

Determining who is liable for personal injuries caused by unlawful boat operation can be complex. In many cases, the operator of the boat is responsible for any injuries they cause. However, there are other parties who may also be liable. 

For example, if the boat owner knew or should have known that the operator was not competent or licensed to operate the boat, they may be liable for any injuries caused by the operator. If a boat or its equipment is defective and causes an injury, the manufacturer of the boat or equipment may be responsible. 

If you have suffered a personal injury as a result of unlawful boat operation, you may be able to sue for damages. To do so, you must be able to prove that the operator of the boat was acting negligently or recklessly and that their behavior caused your injury.

Call Southside Injury Law today for a free case consultation by dialing (770) 703-6008 or toll free at (800) 393-8595.

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