Who Is Liable in a Boating Accident?

Given Panama City’s proximity to the Gulf of Mexico, it is more than likely that you have been boating before. Regardless of whether you consider yourself a novice, expert, or somewhere in the middle, nobody has immunity to the potential of a serious accident on the water. If you unfortunately find yourself the victim of this, please read on to discover the possible liable party for your boating accident and how a seasoned Panama City boat accident attorney at Manuel & Thompson, PA, can help you make your case against them.

Who is possibly the liable party in a boating accident case?

You may be quick to jump to the conclusion that the operator of one of the boats involved in your accident was the at-fault party. This may be true under certain circumstances. For example, a boat operator may have negligently disregarded Florida’s boating guidelines during their operation, such as excessively speeding, consuming alcohol, or otherwise.

However, this may not be the correct answer for your specific boating accident event. For one, there may have been a passenger on your vessel who acted recklessly in a way that distracted the boat operator from their duties. This may be if they were intoxicated and throwing life vests overboard, or otherwise putting fellow passengers in a dangerous position.

Secondly, the liable party may not even be someone present at the scene of your boating accident. That is, a boat manufacturer may have carelessly produced faulty or malfunctioning boat parts that caused the operator to lose control over the vessel. Or, a rental boat company may have failed to make necessary repairs and maintenance on the vessel before handing it over to the operator.

What evidence do I need to verify the liable party?

The specific evidence you need to present alongside your boat accident claim may depend on who you cite as the liable party. Regardless, this proof must be sufficient. Going back to the above examples, if you claim a boat operator was impaired by alcohol, you may want the responding law enforcement officer to conduct a breathalyzer test and measure their blood-alcohol content (BAC) level.

As for a reckless passenger, it may be optimal if you have photo or video footage of them behaving and acting erratically on the vessel in the moments leading up to the ultimate accident. If you are blaming a defective boat part, you may want a photo or video of it as well (i.e., fire-damaged fuel systems). One step further, you may want to preserve this defective part in a safe location, if advisable to do so.

Lastly, if a rental boat company is the liable party, you may need to establish that they knew or should have reasonably known about the potentially hazardous condition on the vessel. This may require testimonies from employees or past customers who claim that they already reported the condition to the manager or owner.

Nonetheless, if you are ready to get started on your legal case, please retain the services of a competent Panama City auto accident attorney as soon as you can. We at Manuel & Thompson, PA, look forward to receiving your outreach.