Determining Liability In A Boating Accident

The weather is warming up in Minnesota, and if you haven’t already taken your boat out of storage, odds are you will in the near future. The prospect of boating season can be exciting, but thousands of Minnesotans are injured on the water each year, so it’s important to protect yourself and your passengers if you plan on captaining a boat this year.

If you or one of your passengers ends up suffering an injury on the lake, the injured party will work to determine who is liable for their injuries in order to collect compensation. In today’s blog, we explore who may be liable for your boating accident injuries in Minnesota.

Minnesota Boating Accident Liability

In the vast majority of boating accidents, the captain or captains will be the only liable party. If your captain hits an underwater rock and you are injured as a result of the crash, your boat captain would be liable for your injuries. Even if they didn’t mean to cause you harm and they were not under the influence of alcohol at the time of the crash, they would be considered liable for any injuries that occur as a result of their driving.

When multiple boats are involved, determining liability becomes a little more tricky. If your boat is struck by another boat, the facts of the case and witness statements will help to determine who is liable for your injuries. For example, if your boat was struck by a boat that was traveling counterclockwise on the lake when water regulations state that boats should travel in a clockwise direction, you may be able to make a strong case that the other party was liable. It’s also possible that both boat captains share responsibility for your injuries, and you may need to file multiple injury claims. As you can imagine, this process is much easier if you have a personal injury lawyer by your side who can determine the best methods for helping you achieve the compensation you deserve.

In rare instances, other parties may share some fault in your injuries. For example, let’s say that you docked at a restaurant and had dinner and drinks. If the establishment knowingly continued to serve your captain while they were obviously intoxicated, you may be able to sue the business under the state’s dram shop laws. It’s not enough to prove that your driver was served alcohol above a BAC of 0.08, you’ll need to prove that they continued to serve an obviously intoxicated person. This is never an easy case to make, and again you’ll make more headway with this type of case if you have a personal injury lawyer by your side.

There are a number of different causes of boating accidents, but liability is typically pretty straightforward. Oftentimes fault falls on your captain or the captain of the boat that caused your injuries, and in rare cases another party like a bar could factor into the equation. If you’re hoping to establish liability and collect a compensation award after a boating accident, make sure you have a professional in your corner. Dean and the team at Margolis Law Firm have helped secure major awards for countless clients injured in boating-related accidents, and we can do the same for you in your time of need.

For more information about boating accident compensation or a different type of injury award, pick up the phone and call Dean and his team today at (952) 230-2700.