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.
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.
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.
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.
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.
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.
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.
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.
Boat accidents can happen during any adventurous outing, and can be brought on by nature's unpredictable elements or even a slip of judgment. Whether it is the mesmerizing views, fresh Atlantic Ocean air or simply a machinery malfunction, a boating accident can turn a joyous day into a disastrous one.
As with laws governing many other things, every state is able to identify it's laws and guidelines for who is required to obtain a license in order to operate a boat or watercraft. While some states in the nation make a boating license mandatory for every operator of even personal boats used for recreational purposes, New York does not according to the New York State Department of Parks, Recreation and Historic Preservation.