Syracuse Law Firm for Boating Accident Victims Around Upstate New York
When you go boating in a lake or off the coast of New York, you may be anticipating leisure time out on the waves. Unfortunately, boating can be dangerous, both to those inside the boat, and those outside the boat, such as swimmers and other boaters. There are many boating accidents every year, and tragically some of the end in catastrophic injuries and deaths. Your rights to recover damages from an at-fault party are protected when you are injured on or by a boat. If you were injured or a loved one was killed on the waters or on another person’s boat, you should call the seasoned Syracuse boating accident lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys.Upstate New York Boating Accidents
Operators of motorboats and personal watercraft are not subject to the same licensing and regulation that drivers are, and this can create substantial risks. Boating accidents have many different causes, including alcohol, dangerous waters, operator inexperience, operator inattention, and excessive speed. Boaters are not always experienced and may not have had training in how to deal with dangerous water or weather conditions and may not be paying full attention to what is happening in the waters. The faster a boat goes, the harder it can be to control, such that excessive speed can result in significant injuries. Boating accident victims may suffer catastrophic injuries like brain damage or paralysis, or even death.
Many boating accidents arise out of an operator error. The location of the accident can have an impact on which laws apply, but generally, if you suffered injuries as the result of another’s fault, our lawyers would explore the possibility of negligence and a lawsuit in state court. To prove negligence, we would need to show: (1) the defendant owed you a duty to use reasonable care, (2) departure from the duty to use reasonable care, (3) causation, and (4) actual damages.
Sometimes the owner of a boat or watercraft bears responsibility for a Syracuse or Upstate New York accident. Responsibility could arise in connection with allowing someone to operate the boat or craft who cannot operate it safely. Additionally, an owner may need to supply appropriate safety equipment in case of dangerous conditions and could be responsible for injuries arise because he failed to do so. When the operator of a boat that results in an accident that causes injuries is an employee, it may be appropriate to hold the employer responsible. Owners and operators of tour boats, for example, owe a duty of reasonable care in hiring, training, and supervising their employees.
There are also situations in which the manufacturer of a boat or watercraft should be held accountable for defective components. We will look closely at the accident, and hire experts when appropriate, to determine whether design, marketing, or manufacturing defects contributed to the accident such that a product liability lawsuit should be pursued.
Often Syracuse defense lawyers in a personal injury or wrongful death lawsuit argue that a plaintiff was comparatively negligent. When they raise this defense, the jury will look not only at the defendant’s potential liability, but also yours as an accident victim. For example, if you were untrained and operating a boat in bad weather but a drunk boater crashed into you, the drunk boater’s attorney and insurance adjustors may argue you bore some responsibility for the accident. When comparative negligence is found, your damages will be reduced by an amount proportionate to your degree of fault. Needless to say, it is important to seek legal representation that understands how to counter this defense strategy and others.Consult a Seasoned Syracuse Boating Accident Lawyer
If you or a loved one was injured in a boating accident in Upstate New York, the Syracuse lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys may be able to represent you. We have more than 3 decades of experience seeking best results for accident victims and we’ve recovered more than $100 million in personal injury awards and settlements. We represent boating accident victims and their families in Albany, Auburn, Buffalo, Wampsville, Oneida, Rochester, Utica, Watertown, Lowville, Elmira, Oswego, Canandaigua, Lyons, Ithaca, Cooperstown, Herkimer, and Binghamton. Complete our online form or call us at 315-479-9000.