Frequently Asked Questions about Boat Accidents and Injuries

Q: Who is liable if a crewmember is injured while working?

A: A person injured while employed as a maritime worker over navigable waters will be covered by federal law. Under federal law, the employer is generally liable for injuries or the wrongful death of an employee.

Q: What are navigable waters?

A: "Navigable waters" are all waters, which are capable of transporting people or cargo between the states and other countries.

Q: What are the common causes of boating injuries and fatalities?

A: Some common causes of boating injuries and fatalities are capsizing of the vessel, falls overboard and a collision with another vessel.

Q: What are some safety measures that can help prevent injuries and deaths from boating accidents?

A: Some safety measures that can help prevent injuries and deaths are: wear a life jacket, do not consume alcoholic beverages while boating, take a boating education course and participate in the Vessel Safety Check (VSC) program.

Q: Can anyone have a personal injury claim if injured while aboard a watercraft?

A: People who may have a personal injury claim may be a: seaman, social guest, business visitor or bystander/swimmer/water skier. The individuals’ category determines which law will apply to their claim (state or federal).

Q: Does maritime law only apply to large commercial ships?

A: Maritime law applies to most types of vessels. A vessel may be a large commercial cargo ship, a cruise ship, a fishing boat or a jet ski (or other personal watercraft).

Q: I suffered an injury while aboard a cruise ship; do I have a claim?

A: Personal injuries aboard a cruise ship are covered by maritime law. You should contact an attorney knowledgeable in maritime law to discuss your situation and what your legal options may be.

Q: What are the common boating accident contributing factors?

A: Some common boating accident contribution factors are: operator inattention, inexperience, excessive speed and careless or reckless operation, alcohol, passenger/skier behavior, not having a proper lookout, Restricted vision, hazardous waters or weather, equipment failure or engine failure.

Q: When must a boating accident report be filed?

A: A causality or accident report must be submitted to the reporting authority if any of the following occurs: a person dies, a person disappears under circumstances that indicate death or injury, a person is injured and requires medical treatment beyond first aid, damage to the vessel and property is greater than $500 or complete loss of a vessel.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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No matter where your boating accident took place, the experienced Southern and Northern California boating injury law firm of Brodsky Micklow Bull & Weiss LLP can analyze the facts, claims, and defenses relating to your lawsuit. It can make a difference to the tactical choices made in your case whether the accident took place on a lake, river, coastal waters, port or harbor, or the open ocean.

We also handle accidents relating to all forms of personal or recreational craft or vessels, ranging from jet skis, water skis, kayaks, and canoes, all the way up to the largest private sailboats, inboard cruisers, and yachts.

Call or e-mail a San Francisco or San Diego boating injuries lawyer at Brodsky Micklow Bull & Weiss LLP for a free and confidential consultation about your claim.

Brodsky Micklow Bull & Weiss LLP - San Diego Boating Injuries Lawyers

384 Embarcadero West, Suite 200
Oakland, CA 94607
Telephone: (510) 268-6180
Fax: (510) 268-6181
Mobile: (415) 828-8100

2608 Shelter Island Drive
San Diego, CA 92106
Telephone: (619) 225-8884
Fax: (619) 230-1350

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California ship injury lawsuit attorneys at Brodsky Micklow Bull & Weiss LLP represent working seamen, recreational boaters, cruise passengers, longshore and harbor workers, sport and commercial fishermen, offshore oil and gas workers, and anyone else injured on the high seas, coastal waterways, or inland navigable waters of the Pacific Basin, California, Alaska, Hawaii, Tijuana, Mexico, Ensenada, Puget Sound, San Francisco, San Diego, Mission Bay, Santa Barbara, Oakland, Los Angeles, Long Beach, Redondo Beach, Ventura, Moss Landing, Richmond, Sacramento, Stockton, San Pedro, Crescent City, Wilmington, Bodega Bay, Pillar Point, Oxnard, Eureka, Half Moon Bay, Guam, Honolulu, Pago Pago, American Samoa, Saipan, Coos Bay, Los Angeles Harbor, and the San Francisco Bay Area and Delta.