Boating gives you a way to recreate, relax and have fun, but it is not without dangers. Boaters need to place great importance on wearing life jackets as a form of safety. A sad and repeated mistake found in many boating accidents is forgetting or refusing to wear a life jacket. When people are harmed badly or killed, this simple oversight can have serious legal impacts. A missing life jacket is an important aspect investigated in personal injury and wrongful death cases concerning liability and damages.
THE IMPORTANCE OF LIFE JACKETS IN BOATING SAFETY
The U.S. Coast Guard states that most people who died in boating accidents last year did so by drowning and more than 85% of them were not wearing a life jacket. These numbers prove that life jackets keep us safe.
If you are unconscious or tired, a life jacket will keep your head off the water so you do not drown. The situation is even more urgent if an accident happens suddenly such as when a boat capsizes, bumps into something or is thrown overboard. PFDs are required on any vessel by federal and state laws, but in certain circumstances, the law requires children and, in some instances, all passengers to wear their PFDs as well.
LEGAL STANDARDS AND BOATING REGULATIONS
In America, rules for boating apply both at the federal and state level. According to the U.S. Coast Guard, there should be one certified life jacket for each person aboard a recreational boat. In addition:
- Vessels 16 feet or longer must carry at least one throwable flotation device (Type IV).
- Life jackets must be in good, serviceable condition and readily accessible.
- Children under a certain age (varies by state) must wear a life jacket at all times while on board.
In Florida, all children under six should wear a life jacket when they are on a boat that is less than 26 feet long. If an operator does not meet these requirements, they may receive tickets, pay fines and be blamed in legal action if an accident takes place.
LEGAL CONSEQUENCES OF MISSING OR UNWORN LIFE JACKETS
Should an accident on the water cause injury or death and no life jacket was used or turned up missing, it can lead to a number of legal issues.
- Negligence and Duty of Care
Operators of these boats are responsible for their passengers. This means looking after safety equipment such as life jackets and explaining to passengers how to use them. If the boat operator does not give life jackets or does not do enough to get everyone on board to put them on, the operator may be found at fault.
Negligence is established when:
- The operator owed a duty of care,
- That duty was breached (e.g., failing to provide life jackets),
- The breach caused injury or death, and
- Damages resulted.
- Wrongful Death Claims
If the victim dies in a boating accident due to another’s fault, close relatives may begin a wrongful death lawsuit. Not providing life jackets which led to the victim not being rescued or to drowning, could be judged as negligence.
A wrongful death claim could seek compensation for:
- Funeral and burial expenses,
- Medical costs incurred before death,
- Loss of companionship and support,
- Lost future income and benefits.
- Comparative Fault and Legal Defenses
In some jurisdictions, the defendant may argue comparative fault, claiming the victim contributed to their own injuries by choosing not to wear a life jacket. The courts in these states may decrease how much compensation is awarded due to the victim’s wrongdoing. In such cases, if a person ignored being told to use a life jacket, forgot to wear it and perished in the water, the court could point out that some blame goes to the victim.
Most of the time, the responsibility is on the boat operator to show they reminded everyone and made sure the life jackets were used.
- Criminal Penalties
If someone operates a boat drunk and refuses to make life jackets available or enforce their use, they may receive criminal charges. Including in this are crimes such as manslaughter, reckless endangerment and failing to obey boating safety rules.
PROVING LIABILITY IN BOATING ACCIDENTS
Gathering solid evidence is necessary for the injured person (or the family of the victim) to successfully prove the missing life jackets. There are a few significant elements in every case.
- People who saw the event describing if life jackets were offered or advised.
- Boating logs or inspection reports showing compliance with safety regulations.
- Photos or videos from the scene.
- Expert analysis of weather, water conditions, and accident dynamics.
A personal injury lawyer can save important evidence, get the opinion of maritime safety experts and build a good case against the ones who were careless.
PREVENTIVE MEASURES FOR BOATERS
Prevention is better than seeking legal help after a crime has taken place. In order to prevent terrible and costly incidents:
- Always have enough U.S. Coast Guard-approved life jackets for every person on board.
- Insist that all passengers, especially children, wear life jackets at all times.
- Conduct a safety briefing before departure.
- Monitor weather conditions and avoid risky situations.
- It is very dangerous to run a boat while under the influence of drugs or alcohol.
WHEN TO CONTACT A PERSONAL INJURY ATTORNEY
Should you or someone you know be injured or go missing because life jackets were either absent or not used in a boating accident, you should seek legal help. Experienced lawyers in personal injury cases can examine the facts to discover if negligence was involved and will then help you seek compensation.
Many marine accidents are regulated by intricate maritime and local laws. An experienced attorney knows the necessary guidelines and will guide you through the legal steps.
CONCLUSION
Boat operators are required by law and morals to provide and encourage the use of life jackets which are more than simple gear. Should these devices not be used and something bad happens as a result, legal action can be taken against those responsible.
Should you think a major mistake led to your accident or loss, take action as soon as you can. Speak to a lawyer to learn about your rights and how to get justice.