Were you or someone you love injured while on a charter boat? While you must first focus on getting proper medical care and treatment for the injuries and ensuring the safety of everyone involved, one of your next tasks is often to determine who may be at fault. Charter boats, though, can provide some additional challenges when it comes to determining who should be held responsible.
What are some of these unique factors? And how can you decide where to start finding the compensation you need? Here are four factors to consider.
1. Who Was In Charge
Charter boats usually come in two varieties. The first is a straight rental of a boat that you and your party will steer, care for, and navigate yourself for the duration. In this case, if the boat accident was caused by a driving error, the driver is likely in your party. The boat charter company is less likely to be at fault for the actions of someone not under its jurisdiction.
The second type of charter is one with at least one crew member (usually a captain) provided along with the rental. In this case, that piloting accident may be the responsibility of the boat owner if the pilot was acting on their direction.
2. What Caused the Injury
The second major component of responsibility is generally what caused the incident or injury. Was it faulty or inexperienced piloting? Or was there some kind of breakdown in the engine or body of the boat? Was it unexpected weather? An accident with another vessel? Each situation is unique in what may have contributed to an injury.
Because the rental company is responsible for the vehicle’s condition, failures that can be attributed to care and maintenance can often be easily placed at the feet of the company. For example, if there was insufficient nonslip material on the deck and someone fell, the owner is likely at fault.
On the other hand, if the boat was delivered in proper condition but something was done incorrectly once in your party's possession, liability may be different. If you were provided with (and instructed in) safety equipment but failed to use it in a reasonable manner, you may be liable for your own injury.
3. Who Owns and Operates the Boat
Many charter boats are owned by organizations rather than individuals — such as a partnership, limited liability corporation, or S corporation, for instance. The actual owners of the vessel could provide an additional layer of confusion about responsibility. If the boat is owned by one person who is in a partnership with another person who serves as captain, liability could fall upon one or the other depending on the accident.
Those working on a charter boat in any capacity have additional protections under the Jones Act, as well. If a chef was injured while performing assigned duties, his or her employer may be the one deemed responsible for those injuries. If that chef is an independent contractor, though, they may need to prove that the boat owner was ultimately responsible under workers' compensation laws.
4. Insurance Coverage Limits
Even if you do establish who is most likely at fault, you have to consider financial aspects of an injury. Many boat injuries are more serious than other slip and fall injuries because of the extra damage open water can cause. This can mean more compensation is necessary to restore your health and finances. If the responsible individual's insurance coverage is insufficient, you may need to pursue compensation directly from those individuals.
Clearly, injuries on the water can be trickier than many other injuries or damage. For more help, start by consulting with the maritime law professionals at Monro Law Firm, P.S. Inc., today. Our experienced Washington legal team will help you find the right parties and receive the compensation you deserve.
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We have worked with Steve for the past 5 years. He has won every battle along the way for us and always been available to answer our questions. When we were getting frustrated with the process he took the time to explain what was going on and what our options where. I highly recommend this law firm and greatly appreciate all the hard work they have done for our case!
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I was in an accident as a passenger earlier this year. I had a free consult with Justin Monro shortly after because I was concerned about the cost of my recovery. Justin was kind, personable and confident he could help me. It took several months of trips to the chiropractor, but once I was back in good health, Justin and his staff were promptly in communication with me regarding my case. My medical bills were taken care of and Monro Law went above and beyond in helping me obtain a settlement that was much greater than I had anticipated. I don't know what I would have done without their help in my road to recovery. They did all the work in dealing with the insurance company which relieved a lot of stress. I highly recommend their services.
- Mirinda A.
I went in for a quick consultation. They were no nonsense, to the point and very helpful. Also they did not try to up sell me on extra stuff or take advantage of the delicate situation I came in to consult about . Gave me great honest advice and if I can't handle my situation on my own I will definitely be back for services . Great first impression!
- Priya M.
I have used this attorney two times once for a car accident and once for a work injury and both times they were amazing. I got way more than I expected and I didn't have to worry about a thing. I would recommend this firm, also they were quick to return phone calls and emails.
- Aj S.
We have worked with Steve for the past 5 years. He has won every battle along the way for us and always been available to answer our questions. When we were getting frustrated with the process he took the time to explain what was going on and what our options where. I highly recommend this law firm and greatly appreciate all the hard work they have done for our case!
- Misty MM.
I was in an accident as a passenger earlier this year. I had a free consult with Justin Monro shortly after because I was concerned about the cost of my recovery. Justin was kind, personable and confident he could help me. It took several months of trips to the chiropractor, but once I was back in good health, Justin and his staff were promptly in communication with me regarding my case. My medical bills were taken care of and Monro Law went above and beyond in helping me obtain a settlement that was much greater than I had anticipated. I don't know what I would have done without their help in my road to recovery. They did all the work in dealing with the insurance company which relieved a lot of stress. I highly recommend their services.
- Mirinda A.
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BROWSE OUR WEBSITE
CONTACT INFORMATION
Phone: (360) 863-3728
Toll-Free: (844) 346-6815
Email: stephenm@monrolawfirm.com
Address: 1830 Bickford Avenue, Suite 204 Snohomish, WA 98290
BUSINESS HOURS
OUR LOCATION
The information on the website of Monro Law Firm P.S., Inc. is not intended to be and has never been legal advice. You should speak with an attorney if you want legal advice specific to your circumstance. Please contact us by phone, mail, or email; we look forward to hearing from you. A client-attorney relationship is not established by communicating with us in any way. Please do not email us any sensitive information until we have established an attorney-client relationship.
Bar Admissions:
Washington
U.S. Federal Court
Professional Associations and Memberships:
American Trial Lawyers Association
Washington State Trial Lawyers Association
King County Bar Association
Snohomish County Bar Association
Federal Bar Association
Washington State Bar Association
BROWSE OUR WEBSITE
CONTACT INFORMATION
Phone: (360) 863-3728
Toll-Free: (844) 346-6815
Email: stephenm@monrolawfirm.com
Address: 1830 Bickford Avenue, Suite 204 Snohomish, WA 98290
BUSINESS HOURS
OUR LOCATION
The information on the website of Monro Law Firm P.S., Inc. is not intended to be and has never been legal advice. You should speak with an attorney if you want legal advice specific to your circumstance. Please contact us by phone, mail, or email; we look forward to hearing from you. A client-attorney relationship is not established by communicating with us in any way. Please do not email us any sensitive information until we have established an attorney-client relationship.
Bar Admissions:
Washington
U.S. Federal Court
Professional Associations and Memberships:
American Trial Lawyers Association
Washington State Trial Lawyers Association
King County Bar Association
Snohomish County Bar Association
Federal Bar Association
Washington State Bar Association