Unlike middle America, there’s no shortage of water recreation in the state of Florida.
Whether fishing, boating, water skiing, wakeboarding, or any other boat related recreational activity you can imagine, the waters in and around Florida stay busy!
From pirates to novice vacationers, the boating scene around Tampa carries a wide range of operator experience and attention.
And as you can imagine, all this activity leaves a lot of room for error and bodily injury accidents on the water, many of which result from some form of negligence.
Not surprisingly, negligence is a key factor for a personal injury case when it comes to a boating related injury. And if you happen to get hurt on a boat, it doesn’t always mean that you have a personal injury case or that anyone was negligent at all.
Not all injuries that involve a boat will require or result in a personal injury case. However to keep our community on their toes while on the water, we have put together a shortlist detailing the 5 most common negligent acts we see causing Tampa boating accidents.
1. Operator negligence
Operator error is an umbrella term we are using to include various causes. For example, speeding, recklessness, or operating the boat while intoxicated would be categorized under operator error or operator negligence since all outcomes are caused by the behavior and actions of the operator.
Remember, negligence refers to the failure to act with a reasonable duty of care.
In other words, if you are injured in a boating accident and are pursuing a claim against a negligent boat driver, you and your attorney will need to prove that the driver failed to act with reasonable care which is why you were injured.
In personal injury cases where boating was involved, operator error may come into play if you were on a boat or involved in an accident with another boat where the operator was being negligent.
Operator error is one of the main causes of boating accidents in Florida.
2. Equipment failure
As with vehicles or any kind of machinery, manufacturers do encounter recalls and errors. Along with this, regular maintenance and repairs are usually required to keep all of the moving parts operating correctly.
If a boating accident and injury are caused by an equipment failure, depending on the specifics, this could fall under negligence and qualify for a potential personal injury case.
Contact a Tampa personal injury lawyer to see if you have a Tampa boating accident case caused by equipment failure.
3. Other boaters
Just like car accidents, many boating accidents involve more than one boat especially in congested waters.
When another boat is involved in a personal injury case, other additional factors will need to be examined and considered.
The case will go through any and all evidence and accounts to determine who is at fault or what percentage of negligence each party is responsible for.
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4. Environmental factors
There is always the possibility that environmental factors could cause boating accidents.
If the weather turns nasty or if the waves get out of control, you could find yourself in an unfortunate situation.
You could have all of the safety procedures down pat and still end up injured from an environmental boating accident.
When determining eligibility for a personal injury case where environmental factors have likely been the cause, other causes will also be considered and will need to be ruled out.
5. Improper safety precautions
It is important to follow all maritime safety guidelines. If you opt to be lenient on safety precautions, you are inadvertently increasing your risk of injury.
Personal injury cases caused by boating related accidents will require a thorough examination of all related details to determine, fault, negligence and causes.
By not following proper safety precautions, you not only run the risk of getting injured, but you also risk damaging your personal injury case in the event that you’re involved in a boating accident.
As with any personal injury lawsuit, boating accidents are all unique. We urge you to speak with an experienced attorney if you have specific concerns or questions about your boating accident case.
Our attorneys here at Pipas Law Group can help you study your specific case to determine the best course of action.