Passenger Front Seat
Posted in Uncategorized on 07/10/2009 10:37 pm by admin
Passenger Front Seat
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Maritime Attorney - A Boat Passenger Injury Case Study
When you or a family member are seriously injured in a California boating accident, it is important for you to understand maritime law. This article is a case study of a passenger boating injury. A maritime legal analysis is performed in order to illustrate boat accident liability and maritime law principals. This is a case study of a recreational boating accident in California. However, the principals discussed here apply to all inland navigable waters of the United States of America.
A Case Study - Passenger is Injured Due to Jumping a Large Wake
It is a nice Saturday summer afternoon in San Diego. A 27 foot Sea Ray is cruising on San Diego Harbor. There are 5 people aboard the Sea Ray. Two thirty-something local men and three twenty-something women visiting from Chicago. The guys are taking the Chicago tourists for a sight seeing cruise on the Bay. They take a lazy circle around Embarcadero Marine Park - then they head back out onto the Bay.
The owner of the Sea Ray is operating the boat. One woman is sitting in the bow area and the rest of the passengers are seated in the cockpit and stern. No one is really paying much attention. They are engaged in conversation.
A 46' Bertram is cruising past the Embarcadero, about 300 yards away. The Bertram is going 10 -15 mph and putting out a decent size wake.
As he clears the jetty, the Sea Ray operator doesn't see any vessels directly in front him so he speeds up to 25 mph. With the afternoon chop, the Sea Ray is probably going too fast for the conditions. The woman in the bow is gamely trying to hold on while looking back toward the stern. The Sea Ray Operator is distracted. He looks up suddenly and sees the wake from the Bertram.
The Sea Ray operator in an apparent attempt to cowboy or show off, guns the I/O and tries to jump the Bertram's wake. The Sea Ray gets partially airborne. When the vessel slams down, the forward seated woman lands awkwardly. She slams into the Sea Rays deck. The Sea Ray operator slows down, but the Sea Ray hits the next two wakes hard. The Chicago tourist lands hard on the deck after each wake.
Tourist is Seriously Injured
The woman's leg fractures in three places. She has spiral comminuted fractures of both the tibia and fibula. After open reduction, there is shortening of the leg. She had a series of surgeries and rehabilitation stints. She has significant residual permanent impairment. Her medical bills total over $120,000.
Maritime Law Analysis
First, under general maritime law, the Sea Ray operator owed the passengers a duty of reasonable care under the circumstances. It was not reasonable to attempt to jump the wake of the Bertram. Thus, the Sea Ray operator breached his duty of care to the passengers. The breach of the duty of care was a direct cause of her serious personal injuries.
Second, although there was no "collision" - the operator of the Sea Ray is in technical violation of Rules of the Road. Here, the Inland Rules apply. The Operator is in violation of Rule 5 Lookout. Every vessel shall at all times maintain a proper lookout. The Sea Ray operator was distracted and did not properly observe the cruise's wake. The operator is in violation of Rule 6 - Safe Speed. All vessels must proceed at a safe speed at all times. The Sea Ray was going too fast for the conditions.
Case Result:
After a lawsuit was filed and depositions were taken of all the people on the Sea Ray the case quickly settled out of court. The Sea Ray was well insured. The Sea Ray's insurance carrier paid the policy limits of the Sea Ray's owners insurance policy.
Disclaimer:
This is a California boat accident case study. It is not legal advice. Any resemblance to actual events, persons,vessels and/or companies is purely coincidental. I am simplistic in order to achieve clarity. Each boat accident case is different and has separate difficulties, challenges, and/or nuances. There is no guarantee your California boating accident case will have a similar result as discussed in this California vessel collision case study.
About the Author
Bill Turley is a
California Maritime Lawyer
. Bill has been a
San Diego boat accident lawyer
since 1990. He is a former President of Consumer Attorneys of San Diego and was chosen a 2010 Top 10 San Diego Personal Injury Lawyer. His website is considered the most comprehensive California boating accident lawyer website.
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