Who Is Liable for a Boating Accident?
Boating accidents can involve a varied range of circumstances, depending on the parties and type of vessel involved, as well as the nature of the plaintiff’s injury. This article discusses common theories of liability involving boating accidents.
Vicarious Liability
If a member of the vessel’s crew negligently caused injury to another person during the course and scope of their employment, not only is the negligent crewmember liable for any injuries they caused, but the crewmember’s employer is also vicariously liable for their employee’s negligence. This is advantageous because it allows the injured plaintiff to hold the employer liable for their injury if the crewmember is financially incapable of paying damages. The employer is more likely to have enough resources to pay for plaintiff’s damages, such as liability insurance.
Common Carrier Liability
A common carrier transports passengers or cargo on regular routes for money. Ferries and ocean liners are examples of watercraft common carriers, and as a result, owe a heightened duty of care with the vigilance of a very cautious person to ensure the safety of their passengers and cargo. This includes exercising the highest care in constructing, repairing, and servicing vessels and their equipment for maintenance.
Products Liability
If a vessel contained a defect that resulted from its design, manufacture, or distribution, the designer, manufacturer, or distributor would be liable for injuries caused by such defect. Such entities are liable if the vessel contained a defect when it left their possession and the vessel was otherwise operated in a reasonably foreseeable manner.
Call an Experienced Boating Accident Attorney in Santa Clarita
As you can see, determining the best course of action for an injured plaintiff in a boating accident requires specific skill and knowledge. Therefore, if you have been injured in a boating accident, you need the advice of a licensed Santa Clarita attorney with experience handling boating accident cases.
At the Law Office of Robert J. Kaiser, we have dedicated more than 2 decades of our practice to personal injury cases, including boating accident matters. Clients can count on our skill and results-oriented approach to personal injury litigation to find a just and favorable resolution to their claims.
Contact us online, or call at (661) 441-3446 to schedule a free consultation with Attorney Robert J. Kaiser about your boating accident injuries.