Yes, if someone’s negligence on the water caused your injury. Negligence means someone fails to act with reasonable care, resulting in harm to another person. In boating accidents, a person or an entity may be liable for your injuries if they neglected proper caution or violated boating safety regulations.
What constitutes negligence?
For an act to be considered negligent, four factors must be present:
- Duty: The person had a responsibility to act carefully.
- Breach: They failed to fulfill this duty.
- Causation: This failure directly caused harm.
- Damages: The harm resulted in actual losses or injuries.
People like boat operators, boat owners or marina staff may be liable for your injuries if their actions or inactions caused the accident. For example, all boat operators have a duty to follow safety rules and operate their vessels responsibly. If they fail to do so and cause an accident, this may count as negligence.
What might be considered negligence while boating?
Negligence on the water can take many forms. Some common examples include:
- Operating a boat while under the influence of alcohol or drugs
- Speeding or driving recklessly
- Failing to have proper safety equipment on board
- Distracted boating, such as texting while operating the vessel
- Ignoring weather warnings
- Overloading the boat beyond its capacity
Indiana also has specific laws governing boating safety. These laws cover areas such as required safety equipment, age restrictions for operators and rules for avoiding collisions. Violating these laws can be strong evidence of negligence if an accident occurs.
For example, Indiana law requires all boats to have one United States Coast Guard (USCG)-approved wearable life jacket for each person on board. If a boat operator fails to provide enough life jackets and someone suffers an injury as a result, courts may consider this negligent behavior.
It’s important to note that the state also follows a modified contributory fault rule. This means that if you bear some fault for the accident, the court may reduce your compensation. However, if the court finds you more than 50% at fault, you may not recover any damages at all.
Your recovery comes first
Your focus after a boating accident should be on healing, not wrestling with complex legal issues. If you feel confused about your rights and unsure of your next steps, talking to an attorney can help.
