The summer is a popular time for water activities. This doesn’t just
include cooling off at
swimming pools. It also includes a range of recreational boating activities, especially
along the rivers and lakes throughout Pennsylvania and the surrounding
areas. Whether it’s fishing, water sports, power boating, or a simple
way to enjoy the water, however, recreational boating poses numerous risks
to all involved. What’s more, those risks can be substantially elevated
when negligence is involved.
At Shrager & Sachs, our Philadelphia personal injury lawyers represent
injured victims and families throughout Pennsylvania, and are aware of
the many situations and circumstances that can lead to preventable boating
accidents. Given the fact that Pennsylvania is consistently ranked among
the top U.S. states when it comes to boating-related injuries and deaths,
our legal team is prepared to help victims and their loved ones understand
their rights and who can be held liable for their damages.
Personal Injury Law: Your Rights After a Preventable Injury
When it comes to the preventable accidents, including boating accidents,
injured victims may have the right to seek justice and compensation for
their losses by pursuing a
personal injury case. While the facts of each case are always unique, these matters focus
on holding individuals or entities accountable for negligent acts that
caused or contributed to preventable accidents. In addition to seeking
accountability, personal injury claims and lawsuits are also essential
to helping victims and families recover financial compensation for the
damages they incurred – including their medical expenses, lost income,
pain and suffering, and more.
As a law firm that has focused our practice on fighting for the injured,
we know how to conduct the investigations and perform the necessary legal
work to help victims protect their rights. Generally, this requires proving
a few critical elements:
- A defendant owed a “duty of care” to a victim;
- The defendant failed to uphold that duty (often due to their negligence);
- The defendant’s breach of duty more likely than not caused the accident
and injuries in question; and
- Victims suffered preventable harm and damages as a result.
Proving these essential elements is a matter that varies from case to case.
In terms of boating accidents, it can also involve a focus on parties
commonly held liable for damages suffered by boating accident victims.
These parties may include:
Negligent Boaters – Statistics show that most recreational accidents are preventable
if not for the negligence of boat operators. This is especially true in
cases involving inexperienced boaters, operators who boat under the influence
(BUI), excessive speeds, reckless boating, and other negligent behavior
behind the wheel of a boat. If a negligent boater caused your accident
and injuries, you may have the right to hold them responsible by pursuing
a personal injury case.
Rental Companies – Boating can be an expensive hobby, which is why the industry is filled
with many types of rental services that provide consumers with rental
items for a free, including motorized and non-motorized boats, jet skis
and other personal watercraft, safety equipment, water sports gear, and
more. By law, these rental companies owe their consumers a duty of care,
and can be held accountable for accidents caused by the negligence, such
as renting unsafe or unfit watercraft.
Commercial Businesses – There are also many types of commercial businesses that stake their claim
in boating, whether they provide services for fishing expeditions, boat
tours, water sports and activities, and more. Should these businesses
fail to take reasonable steps in keeping their customers safe (such as
when they fail to employ qualified and trained workers or fail to maintain
vessels and products), victims harmed as a result may have options for
holding them accountable.
Product Manufacturers – Under product liability laws, product manufacturers can be held liable
for accidents, injuries, and damages caused by defective products (including
defectively marketed, manufactured, and designed products). As such, defective
boats that malfunction and lead to crashes, as well as defective boating
or water sports products, may provide the basis for a
product liability claim.
Protecting your rights after a preventable boating accident begins with
finding the legal support and representation that can help you navigate
the legal journey ahead. At Shrager & Sachs, our personal injury attorneys
leverage decades of collective experience to help victims of preventable
accidents – including all types of boating accidents – understand
their legal rights, whether they may be able to hold another party liable
for their damages, and what we can do to help.
To discuss the facts of your recent accident and learn more about our services,
contact us for a FREE consultation. Shrager & Sachs handles cases throughout
Pennsylvania and beyond.