Massachusetts Personal Injury Library
What Is Reckless and Negligent Operation? (Part A)
If you’ve been in a boating accident where operator error was to blame, you’re not alone. Reckless operation is the second most frequent cause of boating accidents, according to the United States Coast Guard (USCG). Driver inattention, cited as the first, often precedes reckless mishandling, and the line is fine between the two. A combination of federal, state and local boating laws will determine liability in any case where negligence is involved in causing an accident. Sorting out the jurisdiction and current legislation may require help from a personal injury lawyer.
If you were injured in an accident on the water or at port, you may not realize that negligence makes the boat driver liable. Harm resulting from onboard fires, inability to hear over a loud muffler or even chasing wildlife can all be considered reckless endangerment, under certain circumstances. Ignorance of the law is not an excuse for not exercising due care in driving watercraft. So, in which situations can an operator be held at fault? These laws vary by state.
Massachusetts Boating Codes
In waters governed by the Massachusetts Environmental Police, “failure to exercise the degree of care necessary to prevent endangering life, limb, or property of any person may be considered reckless and negligent.”
Violations of the “due care” clause include:
- Failure to carry enough fire extinguishers or life jackets
- Modification of exhaust system that increases noise levels
- Speeding or swerving to follow wildlife
- Speeding or swerving in swimmer- or boat-congested areas
- Causing another boat to take evasive action to avoid collision
While these infractions may seem minor, they can lead to serious injury, property damage or death.
Let’s return to the first three examples. Suppose a fire starts below deck and a passenger sustains burns. The driver can be liable because she failed to note excessive fuel leakage in the bilge or because the fire could not be contained. Fire extinguishers must be in working order, and plentiful enough for the size of boat according to law. Attending to defective equipment prior to leaving the dock is the boat operator’s responsibility.
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