The body of a woman killed in a boating accident in the Bogue Chitto River was found recently, according to the St. Tammany Parish Sheriff’s Office.
It is believed that engine trouble caused the boat she had been on to capsize. Two adults and three children were onboard the boat at the time of the incident. Fortunately, all of the children survived, because they were wearing floatation devices. The adults, however, both drowned.
Currently, the fault in the accident is unknown. However, in boating accidents like this, another party could be liable if it can be proven that the fault rests on the shoulders of someone other than the injured party.
Boating Accident Liability
Depending on the circumstances that led to the boating accident injury or wrongful death, the fault could belong to someone other than the victim. In such cases, you must be able to prove that the negligent party failed to act with reasonable care and that this negligence caused your injury. Boat collisions and boat defect liability are two common reasons for legal action following boating accidents.
Boat collisions are in some ways like car accidents. It would have to be proven that the other boat held most of the responsibility for the accident. Accidents involving sailboats and motorboats often rule in favor of the sailboat, because motorboats are expected to stay a certain distance away from sailboats. Also like car accidents, boating accidents can result from a distracted or drunk driver or from speeding.
In some instances, the boat manufacturer could be at fault. Just as a car can have defective auto parts, a boat can have its own defects of design or manufacturing. Boating liability cases in this area may involve crashworthiness, structural defects, restraint system defects and other design or manufacturing faults.
If you are injured in a boating accident, you should find an experienced boat accident attorney, as fault can be difficult to prove. Seasoned attorneys will be able to tell you if you have a strong case for a legal victory and they will be able to investigate your case using methods that they have acquired during their years of legal service.
Galloway Jefcoat LLP – Personal Injury Attorneys