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Boating Accidents Archives

Light failure leads to late-night boating accident

A typical recreational boating excursion is usually spent with family and friends. Those who choose to go out on an acquaintance's boat likely do so trusting that the boat owner has ensured that the craft is safe, and that said owner will also do everything necessary to ensure each passengers' safety while out on the water. It is for this reason why Manhattan residents may be reluctant to pursue action in the wake of a boating accident. No one wants to have to try and hold a friend legally accountable for an accident, yet oftentimes the expenses that can arise from it leave them with little choice. 

What can I do if my boat is taking on water?

Even the most responsible and knowledgeable boaters may run into trouble from time to time. One serious occurrence involves your vessel taking on water, which can lead to significant injury or even loss of life if you’re not fully prepared. In this case, Boating recommends the following advice to boaters in danger of sinking.  

Buzzed boater charged in death of fiancee and daughter

The relative increase in space that boaters in Manhattan have on the water as opposed to what they find on the road when driving may contribute to a false sense of security. Not having to worry about avoiding other vehicles may prompt some to engage in reckless behavior that they otherwise would not. Excessive drinking or using controlled substances immediately before or while boating are two such examples. While many may not realize it, boating while impaired or under the influence can be just as dangerous as being in the same state while driving, and may easily produce devastating consequences

Proving a privity or knowledge

The recent sinking of a duck boat on a popular Missouri lake and the tragic loss of its passengers has brought heightened awareness to the issue of boating safety. When clients come to see us here at Tabak Mellusi & Shisha LLP following boating accidents, most claim to have assumed that the responsibility of ensuring boat passenger safety was that of a vessel's captain. It typically is, yet as was detailed in a previous blog post, the Limitation of Liability Act limits the amount of liability that can be assigned to vessel owners in such accidents. Yet what happens if negligence is proven on the part of a boat owner in an accident you were involved. 

The Tragic Loss of the Duck Boat - Table Rock Lake, Branson Missouri

The tragic loss of the Duck Boat with 17 persons, including children, will trigger investigations by the National Transportation Safety Board and the Coast Guard. Civil litigation will follow, likely including a pro-active filing of the owner of the Duck Boat under the controversial Limitation of Liability Act (LOLA) 46 U.S.C. § 30506. This statute allows a vessel owner to petition a federal court to limit its liability to the post-accident value of the vessel. In this case the value of the Duck boat is zero. In such cases, the LOLA triggers a statutory floor increasing the amount of recovery to $420.00 per ton. To put this in perspective, the sinking of the 30,000-ton container ship EL FARO during Hurricane Joaquin resulted in a fund amount to about 13 million dollars. Since the tonnage of duck boats is relatively small, perhaps no more than 10 tons, the value of the limitation fund would be about $4,200.00 - a ridiculously insignificant amount to be shared by all the claimants.

Tips on Preventing Boating Accidents From Occurring

Safety is a key concern for all New York boaters. Failure to follow the rules may easily lead to a serious boating accident, which can sometimes have devastating consequences. While you can’t always prevent an accident from occurring, there are steps you can take to lessens to chance of significant injury or property damage. BoatingMag.com offers the following advice to ensure safe time is had by all on the water.

How does the maritime industry protect its workers?

For New York employees who clock into work while on the water, uncertainty is simply part of the job. Because the maritime industry inevitably deals with some of the earth's most powerful elements, workers must go through special training before starting positions. This training can be very rigorous and time-consuming, and while some might believe these measures are unnecessary, they play a vital role in keeping employees safe.

Accident on Lake Erie kills Lancaster teacher

Recreational boaters in Manhattan likely view a day out on the water as a method to escape the cares and concerns of the mainland. What some may not realize is that even though they may be away from shore, their duty to act as responsibly as they would on solid ground remains. That includes the responsibility to protect passengers on their boats the same way they would as if those same people were traveling in their cars. The need to wear seat belts might be replaced with the need to wear life jackets, yet in both scenarios, drivers should still exercise the utmost care and caution while driving. 

Bar Date Notice of Bar Date to File Injury Claims - Collision - USS John S. McCain and MV "Alnic MC".

All persons having claims resulting from this incident must file a claim on or before June 15, 2018 in the US District Court for the SDNY (Manhattan). Failure to timely file will result in loss of claim rights.
Contact us for further Information as we are now processing and filing claims.

Hit-and-run on lake results in man's arrest

A day out on the water is typically meant to offer boaters a reprieve from the stresses associated with daily life in Manhattan. Yet waterways can quickly become congested with other recreational boaters who are also looking for the same escape. A lake will usually offer those navigating it ample space to do what they want to do, yet the same caution that one exhibits on land must also be used on the water. That means that, if an accident does occur, those involved are obliged to remain at the scene until it is resolved. 

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