Boating is a popular activity among both residents and tourists in Massachusetts. However, accidents can happen while boating, and some of those accidents can result in serious injuries. If you or a loved one has been injured in a boating accident, it’s important to understand Massachusetts personal injury laws and how they apply to your case.
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Liability in Boating Accidents
Like other personal injury cases, liability is an essential consideration in boating accident cases. In Massachusetts boating accidents, liability is typically determined based on the negligence of the parties involved. Negligence, in a legal sense, is a failure to exercise reasonable care that results in harm to others.
Boating negligence can take many forms, including:
- Operating a boat while under the influence of drugs or alcohol.
- Failing to follow Massachusetts boating laws and regulations.
- Failing to keep a proper lookout while operating a boat.
- Failing to maintain the boat and its equipment properly.
A person who has been injured in a boating accident in Massachusetts can file a personal injury claim against the responsible party to seek compensation for their damages.
Statute of Limitations
It’s essential to be aware of the statute of limitations for filing a personal injury claim in Massachusetts. The statute of limitations is a deadline for filing a lawsuit, and if you miss the deadline, you may be unable to recover damages.
In Massachusetts, the statute of limitations for personal injury claims, including boating accidents, is generally three years from the date of the accident. However, there are exceptions to this rule, so it’s best to consult with a personal injury attorney familiar with Massachusetts law.
Damages in Boating Accident Cases
Damages are the compensation awarded to a victim of a boating accident. The damages that a victim can recover in a boating accident case depend on the injuries and damages suffered.
Some examples of damages that may be recovered in a boating accident case include:
- Medical expenses – including the cost of emergency room treatment, medical bills, medications, and ongoing medical care.
- Lost wages – if the victim is unable to work due to the injury or has to take time off from work to seek medical treatment.
- Pain and suffering – for the physical and emotional pain caused by the injury.
- Property damage – if any property, such as the victim’s boat, was damaged in the accident.
Comparative Negligence in Boating Accidents
In some cases, more than one party may be responsible for a boating accident. In these situations, Massachusetts follows a comparative negligence rule. Comparative negligence allows a court to allocate fault between the parties involved in an accident.
Under comparative negligence, a court will determine what percentage of the responsibility for the accident can be attributed to each party involved. Each party is then liable for damages based on their percentage of the fault. For example, if a boater was partially at fault for an accident, they may still be able to recover damages, but the award may be reduced based on their percentage of fault.
Contributory Negligence
It is important to note that Massachusetts follows a contributory negligence rule when determining liability in a boating accident case. Contributory negligence means that if the injured party is found to be even partially at fault for the accident, they may not be able to recover damages.
For this reason, it’s important to work with an experienced personal injury attorney who can evaluate your case and help to mitigate any potential contributory negligence defense.
Recovery in Boating Accident Cases
If you or a loved one has been injured in a boating accident in Massachusetts, you may be able to recover damages to compensate for your injuries and damages. The experienced personal injury attorneys at our law firm can advise you on your legal options and help you to pursue compensation for your losses.
We offer free consultations to help you determine your legal options, so don’t hesitate to contact us today to schedule your consultation.