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Boating accidents are all too common in Arizona, and while many are mild, there are times when they result in serious, or even fatal, consequences. When that is the case, and you or a loved one has been injured, speak to a Phoenix, AZ boating accident lawyer at Torgenson Law. We may be able to help you obtain compensation for your losses. Reach us online or by calling (602) 726-0747, and schedule a free case evaluation today.
Accidents on the water can be caused by a variety of factors, but the majority are due to operator negligence. The most common causes include:
Any of the above factors may be grounds to file a personal injury claim.
When a boating accident occurs, and you are injured, immediately seek medical attention. Otherwise, state regulations require the boat operator involved to file an accident report with the proper authorities. Arizona’s Game and Fish Department also have the following stipulations:
The law also states that the boat’s owner must file the report if the operator is unable to.
The Grand Canyon can be an exhilarating adventure and a great way to explore the outdoors, but it can easily take a dangerous turn. While there is always some assumption of risk with any outdoor activities, there are times when an accident may be the result of another individual or a rafting company’s negligence.
If you or a loved one has been injured in a river boating accident in Phoenix, speak to a Grand Canyon river rafting accident lawyer, as you may be entitled to compensation. Schedule a free consultation today by filling in our online contact form, or by phone at (602) 641-3007.
The majority of boating accidents occur as a result of recklessness and negligence on behalf of boat operators. Since both operators and owners of boats owe a duty of care to operate their boats properly and to appropriately warn passengers of dangers, you may be entitled to compensation when an incident occurs. However, determining fault can be difficult.
An experienced personal injury lawyer in Phoenix will have the resources to work with experts in maritime law, accident reconstruction, forensics, and physics to establish the circumstances surrounding the accident and attribute fault. It may simply come down to determining which party contributed more to the collision if more than one boat is involved. Whereas, if the accident occurred due to a defective product or malfunctioning component, you may have a product liability claim. Either way, a boating accident attorney can be invaluable when it comes to obtaining a successful resolution and the compensation you deserve.
Boat accident victims in Phoenix need to be aware that there are various types of compensation that they may be entitled to. If you or somebody you love has been injured in a boating accident caused by the careless or negligent actions of someone else, an attorney can help determine how much compensation you should receive and work with every party involved to pursue this compensation.
In general, boat accident injury victims should be entitled to various types of economic and non-economic compensation. This can include, but is not limited to, the following:
The total amount of compensation available in the aftermath of a Phoenix boat accident will vary depending on the circumstances surrounding each particular incident. An attorney will work with trusted medical and economic experts to help properly calculate the total losses before moving forward with an injury insurance claim or lawsuit.
There may be various parties that can be held liable in the event a boat accident causes injuries in the state of Arizona. First, if a person is on a boat that belongs to a friend or family member, then the boat owner does have a duty to ensure the safety of their guests. If the boat is not operating properly, or if the operator of the boat is negligent and causes an accident, they could be held liable for the injuries.
Companies are responsible for much of the recreational boating activity in Phoenix. This can include boat rentals as well as guided boat tours or fishing trips. It is important to understand that companies have a duty to ensure the safety of any guest. If a boating company fails to uphold the duty that they owe to their customers, they could be held liable in the event an accident occurs. If a boat owner fails to conduct inspections and regular maintenance, they could be held liable if the boat crashes due to mechanical failure. Additionally, if operators of the boat are untrained or impaired, they could be liable in the event an accident occurs.
Anytime a person participates in recreational activities, including boating activities, they will likely have to sign a waiver of liability. The language of these waivers typically reads something along the lines of “Our company will not be held liable in the event you are injured by participating in activities on our vessel.”
The enforceability of waivers depends on the circumstances of any injuries that may occur. The courts in Arizona will examine the facts of the case as well as the wording of the liability waiver. Liability waivers are required to be clear and unambiguous and should provide notice of all of the inherent dangers associated with the boating activity. The dangers must be clearly communicated to any participant. In the state of Arizona, it is generally understood that liability waivers must specify the particular risks and harms for which liability is being released.
However, waivers will generally not cover accidents and injuries that could not reasonably have been expected to occur. Additionally, these waivers will not usually cover the careless or negligent actions of the boat owner or operator (i.e., failure to maintain the vessel, operating while impaired by alcohol or drugs, operating well distracted, etc.).
If you or a loved one has been involved in a boat accident, please reach out to our Phoenix boating accident attorney, online or call our office at (602) 726-0747. We can start with a free consultation, then guide you through every step of the process.
