Boating is a way of life in Florida. The state has the second-longest coastline in the United States and weather that allows boaters to enjoy the water all year round. However, the endless boating opportunities provided by the waters near the Florida coast will inevitably lead to boating accidents.
When a boater is injured or loses their life in an accident, it becomes necessary to determine who is liable for an accident. Unfortunately, this process became necessary recently when a boating accident claimed the life of a young woman performing her dream job.
Case Background
Dana Katz and two colleagues were hard at work onboard a boat as part of their duties for the Florida Fish and Wildlife Conservation Commission when their vessel crashed. Dana Katz lost her life in the accident. Both of her co-workers suffered injuries.
A long-time friend of Katz said that she possessed a love for the water her entire life. She said that even when Katz was not on the water for work, you could often find her fishing or boating.
The Palm Beach County Sheriff’s Office reports the boat carrying Katz and her co-workers traveled east when it collided with a concrete piling. The accident happened beneath the ramp at Congress Avenue and Southern Boulevard in Palm Beach. Officials are not trying to determine who owns liability for the tragic accident.
Proving Fault for Boating Accidents
It can become a bit tricky to prove fault in a boating accident. An accident victim or a family member must prove that another person, often the boat’s operator, was negligent. More specifically, plaintiffs must show that the operator deviated from what most people would agree is a reasonable standard of care. Boat operators are responsible for delivering this standard of care to the passengers on board with them. This standard also extends to the boaters and swimmers sharing the water with them.
Individuals who suffer injuries in a boating accident must prove several elements to secure accident compensation:
- Duty of care owed by the boat operator
- A breach of this duty occurred
- The accident victim experienced injury due to the breach of duty
Common Causes of Boating Accidents
Several factors can become responsible for a boat operator’s involvement with an accident. Some of the most important reasons include:
Operator Distraction
Operators that allow themselves to become distracted are probably the most common cause of boating accidents. You will probably have a strong case if a distracted operator is responsible for your boating accident.
Inexperience
It takes some time at the helm of a boat to master all the rules of the water. Experienced operators are also better able to handle unexpected boating situations.
Alcohol and Drug Use
A boat operator under the influence of drugs or alcohol is a danger to everyone on the water with them. If you suspect drugs and alcohol contributed to a boating accident, you should share this information with a West Palm Beach personal injury law firm.
Maintenance Issues
A boat operator who fails to inspect and maintain his boat places himself and his passengers at risk. A boat operator may also be liable for accidents or injuries when adequate safety equipment is not available.
Key Takeaways
Boaters of all experience levels know the joy that a day on the open water can bring. But like with most things, there is a risk of accident each time you a boat takes to the water. When these accidents happen, determining fault for the accident is a vital part of the claims process.
