Determining Liability When a Boat Operator Isn’t the Owner
The impact of a boating accident can be immense, which can lead to severe injuries. The fact that these accidents happen on the water means that drowning is also a distinct possibility. Often, boating accidents are caused by boat operator negligence, but this isn’t always the case.
Sometimes, the boat owner bears liability for the accident, making boat accident claims more challenging. If you were injured in a boat accident in which the boat operator was not the boat’s owner, you need the skilled legal counsel of an experienced boat accident attorney in Myrtle Beach, SC, backing you up.
The Boat Owner’s Negligence
Boat owners bear considerable responsibility when they send their vessels out on the water. This includes instances where the owner allows someone other than themselves to operate their watercraft. To begin, the owner is responsible for ensuring that the watercraft is seaworthy.
An Owner’s Duty of Care Regarding Their Boat
Boat owners have a duty of care that includes ensuring their vessels are reasonably safe for passengers and for everyone else on the water. When an owner allows someone else to operate their poorly maintained boat, the owner themself can be held responsible for any damages sustained in a resulting accident.
What is the Owner’s Duty of Care Regarding the Boat’s Operator?
Boat owners also have a responsibility that relates to the person whom they entrust to operate their vessels. Before handing over the keys, the boat owner is responsible for assessing the other person’s fitness to operate the watercraft. Failure to do so is known as negligent entrustment, and it can result in the owner being held liable or sharing liability in the event of a boating accident.
All of the following are concerns when it comes to boat owners allowing others to operate their vessels:
- A person’s level of experience in safely handling similar watercraft
- The person’s level of knowledge regarding safe boating
- Any signs that the person is impaired by either alcohol or drugs
- The person’s failure to carry a South Carolina Boater Education Card for those born after July 1, 2017
The Operator’s Negligence
Sometimes, boating accidents are the direct result of the operator’s negligence, regardless of whether the operator owns the boat or not. If you’ve been injured by a boat operator’s impairment, excess speed, distraction, exhaustion, aggression, or failure to follow the rules of the waterway, they can be held legally liable.
An Experienced Boat Accident Lawyer Can Help
The savvy Myrtle Beach boat accident attorneys at John Price Law have earned a solid reputation for building strong claims under even the most challenging circumstances. This is regardless of whether the boat’s owner, the boat’s operator, or both were responsible for the accident that caused you to be injured. We are on your side and here to help. Call 843-552-6011 or contact us online for more information today.