Offshore Injuries: Who Is Responsible, And Can You Sue?
Posted on: 5 August 2019
Having fun in the water is something most people like to do every summer. Boating, fishing, diving, swimming, jet-skiing, water skiing, and having offshore parties are all fun things to do on the water ... until it is not so fun anymore because somebody gets hurt. Offshore injuries are often the worst because people have to make a beeline back to shore, get into a car, and race to the nearest hospital. While you can certainly call an ambulance, you still have to get to shore and hope that the ambulance arrives on time. In the midst of all of that, you have to decide if this injury is serious enough to consult an offshore injury attorney. Here are some questions you can ask yourself after you have received treatment for any injuries incurred while out on the water.
Who Is Responsible?
This is the most difficult question to ask. It is not as though there are any "water police" that can show up and look at the accident to determine who is at fault. You could call the Coast Guard, but they really do not have the investigative skills required to ascertain who the responsible party is in an accident that causes injuries. Furthermore, if your injuries were caused by sea creatures, you cannot sue the animal that did that to you, and suing the charter boat owner seems a bit of a stretch. You have to really dig deep and assess if there is an actual human being responsible for your injuries, and then decide if you want to sue. Some maritime laws are a little different than vehicular laws on land, so that may work in your favor.
Can You Sue?
It depends on who is deemed responsible and the severity of the accident. You cannot sue a shark for chewing off a limb, but you can sue a deep-sea fishing boat owner that hooks you with a massive fishing hook and causes intense physical pain and injury. If you get in the way of a swordfish or stingray while diving, you cannot sue the animal, but if you slip and fall off a yacht during a party and a sea creature injures you in the process, you can sue the owner of the boat because it is, technically, a slip and fall injury. If you are jet-skiing, and someone else collides with you on the water because they were not watching where they were going or they were intoxicated, you can sue. It is a case-by-case situation that you will have to discuss with a lawyer.
Contact an offshore injury attorney in order to learn more.
Share