Who Is Liable if the Boat Operator Was Not the Owner?
If you are injured in a boat accident caused by the boat’s skipper, who is also its owner, it’s a complicated legal matter; however, liability likely lies with that person. If you were injured in a boat accident in which the person operating the boat was the boat’s owner, it is even more legally challenging. If you find yourself in this difficult position, you shouldn’t wait to consult with an experienced accident attorney at John Price Law in Charleston, SC.
When the Skipper and the Owner Are the Same Person
If you are injured in a boating accident caused by the skipper’s negligence, who also owns the boat, you will file your claim with their insurance provider. While the claim itself can be challenging, the matter of liability is straightforward.
The skipper engaged in some form of negligence, such as speeding or impairment, and because they also own the boat, their liability is established. When the person manning the ship is not the owner, liability becomes a murkier issue, and you may need to file two separate claims.
When the Skipper and the Owner Are Two Different People
If you are injured by negligence on the part of the person operating the boat, but they don’t own it, there are several key considerations to keep in mind.
The Skipper’s Negligence
To begin, the person behind the wheel of the boat on which you were a passenger owed you a duty of care. This means that they had a responsibility to your safety. If they breached this duty by acting negligently, two of the elements for a successful boating accident claim are met.
Your Legal Damages
The other two elements are that the skipper’s negligence was the direct cause of the boating accident and that you suffered legal damages as a result. These can include all the following:
- Current and ongoing medical bills
- Lost income
- The physical and emotional pain and suffering associated with being in a traumatic accident on the water
The Boat’s Owner
While the skipper’s negligence may have been the direct cause of the injuries you suffered, this doesn’t mean that they necessarily bear all the legal liability. If the boat owner allowed someone who was not fit to do so to get behind the wheel, the owner could share responsibility.
For example, if the owner allowed someone to drive the boat who was too young or who didn’t have the necessary safety qualifications, liability can attach. The same can be true if they handed over the keys to someone who was impaired or who was otherwise not suited to navigate the boat safely.
In these cases, additional insurance coverage is often available. This means that you may be better positioned to address the full scope of the losses you covered in your boating accident claim.
Our Experienced Accident Lawyers Are on Your Side
The seasoned Charleston boating accident attorneys at John Price Law Firm are fully committed to fiercely advocating for your rights and securing the rightful compensation you deserve. Learn more by contacting us online or calling 843-552-6011 and scheduling a free consultation today.