BRADLY BAYLY LEGAL
Legal Leaders in Boating Accidents
Bradley Bayly Legal has extensive experience in conducting claims for clients who have suffered as a result of boating accidents or other serious injury by accident. Boating accident claims are generally complex and require skilled and experienced lawyers to conduct the legal action.
If you have suffered an injury or loss which was the result of you being either a passenger on, or the operator of, a boat or similar vessel, you may be entitled to claim compensation.
As with most personal injury compensation claims, making a claim for compensation due to a boating accident will require you to show that the owner or operator of the vessel on which you were aboard, or the owner or operator of another vessel which caused the accident in which you were injured:
- owed you a duty of care; and
- breached that duty of care through negligence, such as by failing to take reasonable precautions against foreseeable risks, although not trivial risks.
Our experienced team of lawyers will fight for your rights and entitlements, acting on your behalf against the owner or operator of the boat on which you were aboard, or the owner or operator of another boat which caused the accident in which you were injured.
Some of the more typical claims arise as a result of:
- propeller injuries;
- colliding with another boat, a jetty’s or a sandbank;
- injuries caused when a boat hits waves or the wake of another boat;
- owners or operators of vessels not having safety gear on board; and
- owners or operators failing to adequately maintain their vessel.
Some of the items which you are generally able to claim for up until now and for the future include:
- medical expenses;
- hospital expenses;
- loss of income;
- other financial losses, such as superannuation;
- pain and suffering;
- loss of enjoyment of life;
- impairment benefits;
- death and dependency benefits; and
- home help, nursing care and help you have required at home, whether paid or unpaid, provided by friends, family or anyone else.
Sometimes you, as a passenger, will be deemed to be fully or partially at fault for causing the boating accident. This can happen where you:
- did not, or refused to, follow the lawful instructions of the vessel operator, such as by sticking part of your body out of the boat once it is underway, after having been warned not to; or
- did not, or refused to, act in a reasonable manner because you were intoxicated.
If you are deemed to be fully or partially responsible for causing the boating accident, the amount of your claim will be reduced according to your level of contributory negligence. This type of reduction in your claim amount is typically expressed as a percentage reduction.
Regardless of whether your claim is against the driver or owner of the boat in which you were a passenger, or the driver or owner of another boat which was involved in the accident, strict time limits apply for making a claim. This is usually three years from the date of the injury, but under certain circumstances it can be three years from the date when noticed the first clinical signs of your injury.
Due to the complexity and strict time limits which apply for making a boating accident claim, we recommend you seek legal advice as soon as possible.