Articles Posted in Boating Accidents

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Summer is filled with outdoor activities and fun.  Many such activities take place on or around lakes, rivers, waterways, oceans, beaches, and water parks.  With any aquatic related activities, it is important that due care is taken and that all available safety precautions are in place to avoid accidents, incidents, and injuries from taking place.  While not all injuries can be avoided, many accidents and / or the severity of the accidents that take place during aquatic related activities including boating, swimming, jet skiing, tubing, and other pursuits can be avoided or lessened with due care, caution, and safety precautions. When an incident takes place on or in a waterway, certain laws, regulations, and procedures are analyzed to determine the civil, criminal, and / or administrative legal proceedings / actions that may be pursued in the aftermath of the boating / swimming / aquatic related activity.

A tragic accident was reported in Velva, North Dakota on Strawberry Lake. The Minot Daily News reported that four children were being pulled on two inner-tubes which were carrying the riders.  The rider of the jet ski was ejected from the 2003 Kawasaki brand jet ski but the jet ski continued to be in motion.  The jet ski ultimately struck two of the children who were on the inner-tube.  Both girls suffered significant head injuries and related personal injuries.  Due to the severity of the injuries and the circumstances of the boating / jet ski related accident, local and state official swill conduct an investigation as to the details of the crash, the safety measures put in place, and the preventability of the incident.  Certainly, it is quite troubling that the jet ski continued in motion even after the rider was ejected from the jet ski. You can read more about this story at Girl Killed as a Result of Jet Ski – Inner Tube Accident on Strawberry Lake. 
When a person suffers injuries as a result of a boating / jet ski accident, there may be a case or claim to pursue for the personal injuries.  Generally, there are four elements of a personal injury case as follows:
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Boating-Accident-and-Personal-Injuries-300x121Children are at risk for injury on land, air, and sea.  It is important for all adults in charge of supervising children to act in the best interest of children.  When an adult supervisor of a child is negligent, serious personal injuries can result.  For just about every situation there is a duty to act reasonably.  When this duty is breached, there can be lifelong injuries that result and even the untimely and tragic death of a a child.  There is a duty to act reasonably on the part of professionals / businesses including those connected to a day care center, school, summer camp, after school program, athletic program, and other locations / activities. There is also a duty to act reasonably for individuals who are not connected with a business or facility including parents, relatives, neighbors, family friends, and those who agree to by explicit or implicit terms to supervise children during a particular activity, event, or time period.
In Louisiana, a horrific incident was reported to take place on the Old Sabine River in the vicinity of Niblett’s Bluff Park.  Three boys were riding a tube being pulled by a bass boat.  The operator of the boat took a turn that resulted in the tube swinging out and hitting the side of the river bank.  All three boys were ejected from the tube.  One of the boys – 8 year old Damian Haines – was airlifted to West Calcasieu Hospital where he was later reported to be dead from what appears to be trauma related injuries.  The other two boys suffered injuries but not as serious as Damian Haines.  The operator of the boat was arrested as a result of this incident and charged with a number of serious crimes including intoxication, vehicular homicide, and reckless operation of a watercraft.  You can read more about this incident at Boating – Tubing Accident Leads to Death of 8 Year Old Boy in Louisiana.
It should be noted that the pursuit of a personal injury case can be based on simple negligence.  The acts do not need to be reckless in nature per se.  It should also be noted that the pursuit of a personal injury case will depend in part on the available liability insurance in place.  Many personal injury attorneys limit their respective caseloads to cases with liability insurance in place or a Defendant with the financial means to pay out a settlement or judgment.  Many large businesses are self insured which means that the business chooses to be responsible for the injuries or deaths that take place during business operation that are the result of the negligence of the business and / or its employees.  For instance, Wal-Mart Stores are mostly self insured which means that Wal-Mart does not carry liability insurance.
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By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In California and other States, boating can be a fun activity for family and friends. Boating can also be a dangerous activity and even a deadly one when a boat capsizes. Because of these dangers and others, it is important to have safety precautions in place including but not limited to life jackets, life preservers, inflatable boats (room permitting and when available), first aid training, and captain / operator training. Near San Diego, California, it was reported that a sailboat capsized leading to the dead of two men and injuries to several other people who were in the boat. The incident took place in San Diego Bay. THe United States Coast Guard, harbor police, firefighters, and paramedics responded to the rescue and post rescue efforts. See Two Dead – 8 Injured – Sailboat Sinks off of San Diego, California.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

hospital%20hallway.jpgParents can sometimes have a hard time determining when it is appropriate to take a child to the emergency room. CBS News medical correspondent and pediatrician Dr. Jennifer Ashton recently outlined some pointers for parents to recognize when an illness or injury is an emergency.

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By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Mississippi and other states, children enjoy boating activities over the summer. Unfortunately, some children suffer serious personal injuries and, in some cases, deaths from boating accidents. On the Jourdan River in Hancock County, Mississippi, Madison Camille Karno, age 10, recently died from a head injury. Madison was riding on an inner tube when she hit something in the river and suffered the fatal head injury. An autopsy was completed by the Hancock County Coroner’s office. It is a tragic death for Madison’s family and the community. You can read about this incident at 10 Year Old Mississippi Girl Dies While Riding Inner Tube on Jourdan River.

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By John Jensen, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20tiled%20bottom.jpgDay care centers in North Carolina and other states provide children with recreational activities like swimming especially during summer months. Children love to play in and around water. Young children often times do not appreciate the dangers of water. Furthermore, young children lack judgment as to their swimming abilities or lack of swimming abilities. As such, North Carolina has set forth specific staffing requirements for staff ratios when children participate in aquatic activities which include boating, swimming, and visits to water parks. North Carolina day care centers are required to have the following staff ratios in place for aquatic activities:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

water%20lake%20canal%20ocean%20view%20of%20lake%20with%20grass.jpgA Lake Champlain, Vermont ferry crashed into a dock and caused personal injuries to some of the passengers. Apparently, there were mechanical problems with the ferry that caused the engines to shut down. The Vermont State Police reported that some of the injuries were minor. Rescue squads were called the scene to assist with the situation.

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