New York is home to many lakes and rivers, including two of the Great Lakes, as well as a smaller bodies of water throughout the state. According to New York’s 2023 Recreational Boating Report, there are 431,474 vessels registered in New York, and 424,061 are used for recreational purposes.
In 2020, the U.S. Coast Guard reported over 600 boating accidents in New York which led to 31 deaths, 269 injuries, and over $3 million in property damage. While boating is an enjoyable activity that many New Yorkers partake in, it can be very dangerous well if safety rules are not followed.
Types of Injuries
Injuries can occur because of collisions with stationary objects or other boats, accidentally falling overboard, fuel explosions, a capsizing vessel, and many more reasons. Inexperienced or reckless drivers, alcohol consumption while boating, and boating in dangerous weather conditions can all contribute to these preventable occurrences, and in turn should be avoided when boating.
Liability: For What and Who?
Boaters have a duty to follow the boating laws, rules and regulations of New York and avoid causing injuries to others and to property. If the operator of a boat is acting negligently or recklessly, such as speeding or not paying attention to her surroundings, she may be held liable for the injuries and damages she causes. These damages can include medical expenses, loss of wages, and pain and suffering.
The operator of a vessel has additional responsibilities as well. She must assure that all necessary safety equipment is on board, including life jackets for each passenger. She shouldn’t consume alcohol or other drugs that can impair her ability to operate her vessel. Just like when driving a car, boating while intoxicated is illegal and can result in both criminal and civil liability.
Both the owner and operator of a vessel must ensure that it’s safe to operate, and an owner must ensure that any other operator is qualified and experienced to operate the vessel. A failure to do so may make the owner also responsible for another operator’s conduct, even if she wasn’t aboard the vessel at the time. This is a legal concept known as vicarious liability and is an important concept to keep in mind when analyzing a boating-related accident case.
Moreover, companies that manufacture, sell, or service vessels or related equipment can be found liable. Knowing who can potentially be held liable is critical when making a claim to recover damages or when a claim is made against you. It can help you recover the maximum amount of money possible or even move liability onto the correct party if a claim is incorrectly filed against you.
One last point regarding liability is that unlike car owners, boat owners are not legally required to have liability insurance for their boats. Despite this, it’s still highly encouraged, and can save boat owners time and money by helping protect them against legal claims resulting from accidents.
Relevant Laws in New York
Similar to when driving a car, New York has extensive laws governing the rules of the waterways when operating a vessel. Examples include:
• All boat operators born after 1996 must complete a boating safety course;
• The BAC limit for operating a boat is 0.08%, and you cannot operate a boat above that limit;
• There must be U.S. Coast Guard-approved life jackets for each person on board;
• Children under 12 years old must wear a life jacket whenever they’re on board;
• All boats must be registered with the DMV; and
• Boaters involved in accidents that cause death, injury, or significant property damage must report the incident to the proper authorities.
Failure to comply with these rules, and the many other rules governing safe boating, can lead to both criminal and civil liability.
How We Can Help
The attorneys at The Coppola Firm know boating law. Partner David Goodman has long maintained his New York State boating license and has completed the New York State Boating Safety Course.
If you’ve been the victim of a boating related injury that wasn’t your fault, please contact us. We’re experienced and well-suited to assist personal injury claims of all types, including boating accidents.
It can be an emotionally and physically difficult process, but hiring a well-qualified attorney is a great place to start.
We can be reached at info@coppolalegal.com and 716.839.9700.
