Law & Society

When the heat gets going, especially during the summer, while some people hit the mall to cool off, there are also people who like to go out on the sea or beach to either to swim or go boating. Boating in particular, is one of the most popular recreational activities especially in states like California where the climate is warm. But despite its popularity, boating and other watercraft activities are not entirely safe.

There are as much as 12,692,892 boats which are registered in the US and these are the following types of watercrafts that are most commonly involved in accidents:

• Open motorboats (43%)
• Personal watercraft (23%)
• Cabin motorboats (15%).

According to the US Coast Guard, in 2008, there were as much as 4,798 recreational boating and watercraft accidents which yielded a total of 709 fatalities, 3,331 injuries as well as $ 54 million dollars worth of property damage.
Based on the statistics from the Coast Guard’s report, the following are the primary reasons behind boating accidents:

• Careless/reckless/negligent operation of vessel
• Operator inattention
• Lack of proper lookout
• Operator inexperience
• The behavior of passengers

Aside from the above-mentioned factors, alcohol has also been linked to 17 percent in all fatal boating accidents. Machine failure, excessive speeding, weather and water conditions also contribute to accidents.

Boating and watercraft accidents can range from collisions with other vessels, flooding/swamping, collision with a fixed object, passengers falling overboard and even skier mishaps. Of all these, collision with another boat or vessel is the leading cause of accidents and has caused the death of 60 people. Here are some of the most commonly incurred injuries from such water-vessel accidents:

• Drowning
• Trauma
• Hypothermia
• Carbon Monoxide Poisoning
• Cardiac Arrest

To ensure a fun and relaxing day in the water with your friends and loved ones, it is important to be mindful of these water safety practices:

• Before swimming or boating, know the local weather conditions and forecast. Do not go out when there are strong winds or thunderstorms.
• Always wear flotation safety devises such as Coast Guard approved life jackets when boating, regardless of the distance, time, or the passenger’s experience as a swimmer.
• Boat operators should have the proper training and experience before operating the vehicle.
• Be alert and mindful of your surroundings. The sea may be huge and wide compared to roads but there may be swimmers around you can hurt or rocks which can run your boat aground.
• Avoid distractions. If operating a vessel, do not drink, text, or engage in disturbing chatter with your companions.

A quick spin on the sea on your boat or watercraft is supposed to be fun and relaxing, as in going swimming. But when you get hurt while on a boat or injured while swimming because of a reckless boat operator, you may rightfully file a personal injury lawsuit against that person to recover any damages you suffered.

Just like car drivers, boat operators have the legal duty to exercise due diligence when operating their vehicles. Failure or negligence in such can give rise to a civil and/or criminal liability.