An autopsy will be conducted to determine cause of death.

What Are the Rights of a Person Injured on or by Watercraft

The potential claims of a person injured by a watercraft are determined by the category: seamen, social guest, business visitor, or bystander/swimmer/water skier.  The category also determines the legal rules that will be applied to your claim.

Social Guests, Business Visitors and Bystanders

Most people injured on and around boats are categorized as a “social guest.”  These claims will be determined by general maritime law and state law principles of negligence.

It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others.  The most common boating accidents are collisions with other boats, sinking and boat disappearance.  Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.

Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner.  The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat.  The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.

Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others.  Owners may also be held liable under the theory of vicarious liability.  For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.

Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests.  The law and courts where the accident occured will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.

The highly skilled boating accident attorney Gary A Kessler (and the Law Offices of Gary A Kessler) has the experience and track record, handling dozens upon dozens of successful lawsuits against the owners and operators of private boats, personal watercraft, cruise ships and commercial ferries.  If you or a loved one suffered an injury or death due to a boating accident or while engaged in water sporting activities, consult experienced personal injury lawyer Gary A Kessler who has handled these types of claims as soon as possible.  The laws that apply to injuries that occur on or around the water are extremely complex and must be carefully analyzed to correctly determine the liability issues and the value of your boating fatality case.  For example, does state negligence law or federal maritime law or both apply?  Who are the responsible parties?  Is the cause of action against the owner of the boat for negligent operator or the boat operators or both?  Did the boat malfuntion creating a product liability claim against the boat manufacturer?

The laws regarding boating accident (drowning) cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident.  The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.

The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in Arizona, California, Oregon, Washington and Florida in both State and Federal Counts.