If you’ve been injured in a boating accident due to the negligent, reckless, or intentional misconduct of another, then New Jersey law may give you a right of action against the defendant for damages. Boating accident disputes (whether they arise out of a recreational accident or otherwise) can be overwhelming for plaintiffs, however, as litigation does not necessarily progress in a manner similar to that of other personal injury claims.
In New Jersey, and in all other states, boating accidents occurring on public, navigable waterways are subject to federal maritime law. As such, the boating accident lawsuit must be brought and litigated in the New Jersey federal court system. This necessitates a different set of procedures, expectations, and strategies, and can lead to significant complications over the course of litigation if you are not prepared.
At Folkman Law, our attorneys are well-acquainted with the challenges and specific requirements associated with bringing a boat accident claim in New Jersey. We understand how to successfully litigate the dispute from beginning-to-end.
Common Acts of Negligence Leading to a Boating Accident
As with motor vehicle drivers, boating operators have a duty of care to avoid exposing others to an unreasonable risk of harm. Failure to exercise reasonable care (thus causing injuries) could lead to significant liability.
Common acts of negligence in the boating accident context include, but are not necessarily limited, to:
• Collisions with other vessels
• Allisions with fixed objects
• Overboard accidents
• Grounding accidents
• Creating a hazardous wake
• Failure to utilize lights
• Failure to alert other vessels as to presence
• Failure to provide adequate flotation equipment
• Failure to maintain a safe environment for passengers (i.e., free of fire hazards, free of slip-and-fall hazards)
• Operating vessel while intoxicated
• Operating vessel without proper licensing
• Failure to adequately train and notify passengers as to the inherent dangers (i.e., in a recreational boating accident scenario)
• Failure to maintain equipment
• Operating vessel in poor weather conditions
• Distracted operation of vessel
• And more
Given the variety of causes, there is no universal strategy for litigating a boating accident dispute effectively. Your attorney will have to investigate the accident and develop a tailored case strategy to suit the circumstances.
Contact Folkman Law to Schedule a Free Consultation
At Folkman Law, our team of attorneys has extensive experience helping New Jersey plaintiffs litigate their personal injury disputes, including those that center around boating accident claims.
Over the years, the substantial breadth and depth of our services has provided ample insight into what is necessary to effectively litigate an injury claim. Our attorneys understand the unique dynamics of a boating accident dispute, and how to navigate such a dispute as circumstances change over the course of litigation.
Ready to speak to a skilled Cherry Hill personal injury lawyer about your claims? Please call 856-354-9444 or contact us online to schedule a free and confidential consultation. We are committed to ensuring that clients have easy access to the legal services they need to follow through with litigation. As such, we make ourselves available 24/7 to respond to any and all inquiries.