With its beautiful waterways and plentiful recreational opportunities, Maryland ranks ninth in the United States for the greatest frequency of boating accidents. Even if you are operating your boat safely and carefully, it is sometimes impossible to avoid being involved in an accident due to another boater’s unsafe navigation. The injury lawyers at Lebowitz & Mzhen, LLC have guided many Baltimore residents through boating accident cases. We have experience working with seasoned professionals, including accident reconstructionists, who can help you build your case. The injuries sustained during a boating accident can be severe, creating a stressful and difficult time for you and your family. Lebowitz & Mzhen, LLC is here to help.Establishing the Liability of a Negligent Boater
If you were hurt in a boating accident, you can potentially seek compensation from the party whom you believe was responsible for causing the accident by filing a personal injury lawsuit. In this type of case, the victim generally must prove that the defendant acted negligently.
Negligence has four elements. The first requires the victim to show that the defendant owed him or her a duty of care, which usually requires each of us to exercise the same ordinary care that a reasonably prudent person would use in the same or similar circumstances. In the context of boating, the duty of care requires each boat operator to comply with boating laws and to operate his or her watercraft safely according to current water and weather conditions.
In the second stage, the victim must show that the defendant failed to meet the duty of care, resulting in a breach. This can include the defendant’s failure to adhere to a specific boating law, such as the prohibition against operating a boat under the influence of drugs or alcohol. Third, the victim must show that the defendant’s breach was the direct cause of the plaintiff’s injuries. In other words, the injured person must establish that he or she would not have been hurt but for the defendant’s failure to adhere to the duty of care.
Although most boating accidents occur due to a person’s negligence, some may occur as the result of a mechanical failure. In such a case, an injured person can bring a products liability case against the manufacturer of the defective boat or component.
The fourth element of negligence requires the plaintiff to provide evidence of the damages that he or she suffered. Examples of the types of compensation that an injured boater can possibly recover include medical expenses, physical therapy, lost wages, and loss of earning capacity. Unfortunately, Maryland ranks 11th in the nation when it comes to fatalities occurring as the result of boating accidents. If a loved one lost his or her life as the result of a boating accident, you may be able to bring a wrongful death claim to seek compensation for the loss of your loved one’s companionship, love, and financial support.Protect Your Rights after an Accident by Consulting a Maryland Lawyer
Serving individuals throughout Washington, D.C. and Maryland, the personal injury and wrongful death attorneys at Lebowitz & Mzhen, LLC are compassionate and fierce advocates when it comes to representing their clients’ interests and fighting for the compensation that they deserve. If you or someone you know has been involved in a boating accident, we can review your case and evaluate the legal options available to you and your family. We offer a free, no-obligation consultation. Call us now at 1-800-654-1949 or contact us online to schedule a time to meet with our team.