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Can I sue if I was injured by a boat or other object in the water?
Yes, if you were injured in a boating accident because of the negligence of another person, business or organization then you may be entitled to recover damages through a boating accident claim or lawsuit. This comprehensive Boating Accident FAQ will give you all the answers you need.
What damages can be recovered in a boating accident claim?
Like for other personal injury claims, boating accident injury victims may recover damages for pain and suffering, emotional trauma, lost wages, medical bills, long-term care and more.
How long do I have to file a boating accident claim in Washington State?
Personal injury claims in Washington State must generally be filed within 3 years from the date of the accident. Talk to a boating accident attorney to discuss statute of limitations for your case.
Who can I sue in a boating accident lawsuit?
The person or entity that you sue will depend on the party that caused your injury. Here are three examples:
· If a boat captain was steering while intoxicated and crashed into your boat or crashed the boat you were on as a passenger – causing injury – then you would sue the boat captain.
· If you crash into an object in the water that should not have been obstructing your way then you would sue the owner of the object.
· If you were injured because your boat’s propeller malfunctioned and it caused the boat to crash or sink then you may be able to sue the manufacturer responsible for faulty brakes.
What type of personal injury law will be used to argue my boating accident claim?
In most cases boating accident lawyers will pursue recovery through an action in negligence or products liability.
If an intoxicated boat captain crashes into another boat or a boat crashes into an object that should not have been in the water, an action in negligence would likely be used to prove liability. This means that the at-fault party failed to act in a way that a reasonable person would have acted under similar circumstances.
If a boat crashes or sinks because of a boat manufacturing defect, a products liability case may be the best way to pursue recovery for the injured party.
What 4 elements must be established to recover damages in a boating accident claim?
1. That the person owed the injured person a duty of care / duty not to harm
2. That the duty was breached by negligent care
3. That the negligence caused the injuries
4. That recognizable damages were suffered as a result of the injuries