Summer is filled with outdoor activities and fun. Many such activities take place on or around lakes, rivers, waterways, oceans, beaches, and water parks. With any aquatic related activities, it is important that due care is taken and that all available safety precautions are in place to avoid accidents, incidents, and injuries from taking place. While not all injuries can be avoided, many accidents and / or the severity of the accidents that take place during aquatic related activities including boating, swimming, jet skiing, tubing, and other pursuits can be avoided or lessened with due care, caution, and safety precautions. When an incident takes place on or in a waterway, certain laws, regulations, and procedures are analyzed to determine the civil, criminal, and / or administrative legal proceedings / actions that may be pursued in the aftermath of the boating / swimming / aquatic related activity.
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What are the Legal Rights of Injury Victims Following a Boating or Jet Ski Accident?
A tragic accident was reported in Velva, North Dakota on Strawberry Lake. The Minot Daily News reported that four children were being pulled on two inner-tubes which were carrying the riders. The rider of the jet ski was ejected from the 2003 Kawasaki brand jet ski but the jet ski continued to be in motion. The jet ski ultimately struck two of the children who were on the inner-tube. Both girls suffered significant head injuries and related personal injuries. Due to the severity of the injuries and the circumstances of the boating / jet ski related accident, local and state official swill conduct an investigation as to the details of the crash, the safety measures put in place, and the preventability of the incident. Certainly, it is quite troubling that the jet ski continued in motion even after the rider was ejected from the jet ski. You can read more about this story at Girl Killed as a Result of Jet Ski – Inner Tube Accident on Strawberry Lake.
When a person suffers injuries as a result of a boating / jet ski accident, there may be a case or claim to pursue for the personal injuries. Generally, there are four elements of a personal injury case as follows:
Duty;
Breach of Duty;
Causation; and
Damages
All four elements must be established by the facts / evidence and linked together to form a case or claim to pursue. It should also be noted that there are a number of practical considerations when evaluating a personal injury case or claim. One important factor is the availability of liability insurance to cover the injuries and related damages. As such, a personal injury attorney will typically evaluate both the legal elements and the practical circumstances in the form of the liability insurance and / or assets when considering a boating / jet ski related personal injury case for legal representation.
David Wolf is a personal injury and child injury attorney. He is the author of 11 books including the book titled Cruise Ship & Boating Injuries – Remedies and Compensation – Don’t Let Your Legal Rights Get Pirated Way. You can get this book for free at Cruise Ship & Boating Injuries Book. David Wolf has over 27 years of experience in handling personal injury cases for children and adults. He handles the cases on a contingency fee basis which means that costs and attorney fees will not be charged unless there is a settlement / financial recovery.