Few places on earth can claim to be better for freshwater boating than Ontario. With more than 250,000 lakes (including four of the five Great Lakes), more than 100,000 km of rivers, and an assortment of ponds and canals, this province is a recreational boater’s paradise.
But if you or a loved one has suffered a serious injury or fatality because of a boat accident, charting a course for recovery and rehabilitation can lead through some challenging legal seas. Unlike motor vehicle accident victims, people injured on or by motorboats or other vessels are not eligible for certain protections such as no-fault accident benefits.
As you deal with the overwhelming physical and emotional effects of a serious injury, contemplating participation in a complex legal proceeding might appear to be too much to bear.
If you think your situation seems hopeless, rest assured that there are people who can help both you and your loved ones. At Howie, Sacks & Henry LLP, we will work diligently to show you Hope Starts Here. When you choose an HSH boat accident lawyer to become your tireless advocate and dedicated legal representative, you can confidently focus on your healing journey and trust us to navigate the process of accessing compensation for your losses.
At A Glance
- Boating accidents often result in serious injuries or fatalities from drowning, trauma or exposure to the elements
- The Marine Liability Act limits the total award for an accident that causes loss of life or personal injury to $1,500,000 regardless of the number of people making claims
- An experienced boating accident lawyer at HSH LLP can help you build a claim for damages designed to maximise the compensation you receive
How Do Boating Accidents And Injuries Happen?
According to a 10-year analysis of boating in Canada, the most common factor causing boating accidents is poor weather. Rough water (37%) and strong winds (17%) contributed to more than half of all accidents. Other common causes include:
- Standing up in the boat
- Collision with an object
- Dangerous maneuvers
- An overloaded craft
- Speeding
- Falling overboard
- Engine failure/mechanical failure
- Recovering a drifted boat
- Collision with another boat
- Urinating over the side a boat
- Embarking/disembarking Wake
- Collision with a person
- Starting the motor
Other factors can contribute greatly both to the cause of the accident and the severity of resulting injuries:
- Personal factors – Operator error or negligence. Poorly maintained vessels. Nature or injury (most boating fatalities are the result of drowning (89%), while trauma (blunt force or head trauma) and exposure-related causes (hypothermia) are next most common).
- Personal floatation devices (PFD) – In four out of every five recreational boating-related fatalities when PFD information is known, the person who died was not wearing PFD (lifejacket) at the time of the incident. Additional fatalities occurred when the device was not worn properly or was improperly sized.
- Alcohol and drug consumption – In more than a third of boating accident fatalities, alcohol was present in a victim’s bloodstream post-mortem. In three-quarters of these cases it exceeded legal limits. Illicit and legal drugs were also found in one in five fatalities.
- Boating alone or with others – Most fatalities occur in the presence of other people. However, fatalities which occurred while boating alone were more likely to involve older individuals.
In all, one out of every five unintentional water-related fatalities in Ontario were recreational boating-related.
What Are Common Boating Accident Injuries?
Depending on the nature of the boating accident and the injured person’s location/activity during the accident, common injuries may include:
- Traumatic brain injuries (TBIs) – A boater who slips, falls, is thrown, or otherwise makes contact with the boat or a hazard in or near the water can sustain life-altering injuries to their brain. From concussions to more pervasive head trauma, these injuries may affect your ability to live and work as you did before. People struck by boats while swimming or on docks frequently sustain this kind of injury.
- Acquired brain injuries – Near drownings or bodily trauma that cause blood loss or lung damage can disrupt the blood supply to the brain long enough to cause cell tissue death and severe brain damage. Some of these injuries may only occur hours after a person has been resuscitated when water in the lungs absorbed by the body alters blood composition.
- Spinal cord/nerve damage – Slips, falls, traumatic collisions, or significant unexpected movement during an accident can damage the spinal cord or result in other nerve damage that may cause paralysis, permanent loss of function, dysfunction or altered sensations.
- Broken bones and severe soft tissue injuries – Traumatic contact between the body and other objects may cause fractures, dislocations, lacerations, and significant muscle strains/sprains that cause debilitating injury.
How Does Boating Accident Liability And Compensation Work?
Although Ontario’s Marine Liability Act is the main statute outlining boating accident liability, several other provincial and federal laws outline important responsibilities and regulations, involving:
- Registration of vessels (Canada Shipping Act)
- Duty of care owed to passenger (Highway Traffic Act, Occupier’s Liability Act)
- Marine insurance (Insurance Act, Marine Insurance Act)
- Safety and maintenance (Small Vessel Regulations, Criminal Code)
- Impaired operation of a vessel (Highway Traffic Act, Criminal Code)
- Failure to stop for law enforcement or to stay at the scene of an accident (Criminal Code)
Operators of power-driven boats in Canada must generally meet certain requirements. These include:
- Providing proof of competency to operate a motorized boat (most commonly a Pleasure Craft Operator Card). Requirements for non-residents and boat renters differ and there are certain restrictions for boat operators under the age of 18
- Being sober while operating the vessel
- Adhering to personal flotation device requirements
- Operating a vessel that meets appropriate mechanical/upkeep requirements
While commercial boating operations and public ferries are more likely to adhere to these requirements, smaller boat operators may not meet these requirements. Some of them will even lack boating liability insurance.
Without the equivalent of the Statutory Accident Benefit Schedule (SABS) for motor vehicle accidents, boating accident victims must draw on their own private health insurance coverage (if any) and/or file a lawsuit (tort claim) against the person(s) at fault for the accident to access compensation for their injuries. Notice for claims must be filed within two years of sustaining injuries from the accident unless a government or government employee is being named in the lawsuit (in which case notice must be provided within 10 days).
However, there is a significant drawback to the law governing liability claims for boating accidents. The Marine Liability Act limits the total award for an accident causing loss of life or personal injury to $1,500,000 regardless of the number of people making claims. This means that if multiple people sustained serious injuries in a boating accident, their awards for damages could be reduced proportionately if the total claims exceeded this limit.
Having appropriate boating insurance coverage is essential. If an at-fault operator did not have adequate coverage, they may need to liquidate their personal assets to pay damages. In some cases, they may not have sufficient assets to cover these damages. If you or a family member is an avid boater, it is advisable to ensure you have standalone boating accident insurance or coverage through your home or cottage insurance policies. You should also ensure you have protection against uninsured or underinsured boat operators in case you are involved in an accident where the person at-fault has insufficient coverage.
How can a boating accident lawyer help me?
Serious boating accidents can cause life-altering or life-ending injuries. Without guaranteed accident benefits, you’ll need to carefully put together a plan to access as much compensation as possible from a tort claim.
HSH boating accident lawyers have years of experience helping people who have been involved in these tragic incidents.
During a free, no obligation consultation, a member of our team will listen to your story with great empathy, explain your rights and options, take time to answer any questions you may have, and offer to help in any way we can.
We carefully review the circumstances of your accident and thoroughly examine accident reports, medical records, and other relevant information. If we believe we can successfully negotiate a settlement or win a court award for damages, we would be honoured to become your trusted advocate and legal representative. As one of Canada’s top personal injury firms, HSH LLP has earned a reputation among our peers in the legal, medical, and insurance fields for getting results for our clients.
We understand that during your journey toward rehabilitation and recovery, you need supporters who will offer compassionate and attentive care that meets your emotional, physical and financial needs. Trust the boating accident lawyers at HSH LLP to be on your side and by your side on the path toward healing.
Learn how we can help you or your loved one by contacting us for a no cost, no obligation initial consultation.
