Boating is a popular pastime for residents throughout Ontario. The Ottawa area’s many lakes, rivers, and ponds offer excellent opportunities to go fishing, waterskii, or relax on the water. Many commuters and travelers also rely on boats to get to work or for sightseeing in the city. Unfortunately, these activities can come with a certain level of risk.
If you were injured due in a boating collision, an Ottawa boat accident lawyer at Nicholson Gluckstein Lawyers could help you pursue a claim to cover any losses you suffered due to another’s negligence. This can include medical care, lost wages, and pain and suffering. There are strict limitation periods that apply after an accident, limiting one’s ability to make a claim. It is important to contact a personal injury lawyer as soon as possible after a boating accident to discuss your legal rights and options.
All boat operators have a legal duty to protect their passengers as well as other people on the water from foreseeable harm. This includes maintaining the conditions of their vessels and their responsible operation thereof. A failure to fulfill these duties may warrant civil litigation in the event of an otherwise avoidable boating collision.
Boating accidents can take on many forms. For example, an operator who fails to follow navigational buoys may be considered at-fault in a collision with another vessel. Operating a boat while under the influence of alcohol can also create fault in the event of an accident. An Ottawa lawyer at our firm can help perform a comprehensive investigation into the boating accident to understand the cause of an injury and gather evidence to prove another boater’s fault during insurance negotiations or in court.
Parties who are at fault for a boating collision may be held liable to compensate all affected individuals. To collect compensation for losses related to a boat crash, an injured party must prove the extent of their injuries, lost income, reductions in quality of life, as well as other damages.
When it comes to identifying the proper defendants in a boating accident case, the Marine Liability Act Part 2 §17.2 states that both a boat operator and owner are jointly and severally liable for all injuries involving the vessel. A local lawyer can help an injured claimant demand compensation from all responsible parties.
It is also important to note that there are time limits on an injured party’s right to sue an at-fault party in relation to a boating incident. According to the Limitations Act, 2002 S.O. 2002, Ch. 24 §4, most people have only two years after a boating accident to file a civil lawsuit in court or seek payment through an insurance claim.
Operating a boat on any of Ottawa’s waters comes with an obligation under the law to obey applicable water safety regulations and to operate the vessel with caution and consideration for others. Whether someone breaches this duty by not having proper safety equipment, not following the rules of the water, or through simple inattentiveness, our experienced trial lawyers can help hold them accountable for the subsequent losses.
If you have suffered an injury because of a boater’s negligence, you may be able to seek compensation for the costs of medical care, lost quality of life, and lost wages from missing work. Let one of our Ottawa boat accident lawyers help you recover your damages from a negligent boat owner and/or operators. Reach out to our legal team today to learn more.
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