Massachusetts Personal Injury Library
What Is Reckless and Negligent Operation? (Part B)
In another scenario, failing to hear an oncoming craft or other danger due to engine or exhaust noise can impair a driver’s judgment. She may be unable to avoid a collision or might endanger a water skier who is being towed. Unacceptable noise levels are grounds for liability in these cases.
“Playing with” or pursuing wildlife carries implications beyond personal injury of passengers. Disturbing the ecosystem and endangering animal life can have serious environmental consequences. Erratic driving during such a pastime can cause harm to passengers via overboard falls and on-deck accidents. The boat may collide with obstacles, causing it to swamp or capsize. If you are hurt in a related incident and the boat operator claims she was “just having fun,” know that the law stipulates otherwise. Talk to your attorney about the events leading up to your injury.
Recognizing Unsafe Conditions
Negligence such as excessive fuel or water leakage that can lead to equipment failure arises from ignoring unsafe boat conditions. A good driver is always on the lookout for these preventable dangers and is conscientious about addressing them. However, inexperienced or untrained operators may not catch safety lapses until it is too late. Passengers should inform themselves well enough to spot basic safety threats.
Accidents that arise from overloading or injuries associated with too few personal floatation devices (PFDs), or life vests, are directly attributed to operator negligence. Failure to use running lights after sunset is another safety law violation. A Massachusetts personal injury lawyer who practices within the jurisdiction of your boating incident can help you to understand and prove liability.
