Manchester Boating Accident Attorney Discusses the Importance of Waterway Safety
Accidents can occur at any time – including in the midst of a relaxing recreational boating excursion. Much like motor vehicle accidents, boating injuries can give rise to a personal injury claim, particularly if the injuries cause disability or disfigurement. If you were recently injured while boating around the New Hampshire waterways and are curious about your rights under the law, a Manchester boating accident attorney at the Law Office of Manning & Zimmerman, PLLC can help you better understand negligence laws as applied to your situation and lead you toward the compensation you deserve.
Manchester Boating Accident Attorney Explains a Cause of Action in Negligence
A cause of action in negligence requires the plaintiff (i.e., the person filing the lawsuit) to meet four distinct elements: (i) duty; (ii) breach; (iii) causation, and; (iv) resulting damages. If any one of these elements is unmet, the plaintiff cannot recover from the defendant and the action will be dismissed.
In the realm of boating liability, the general duty of all boaters is to conduct their boats and activities in a reasonably safe manner. This usually means operating the watercraft according to regulations, being mindful of other boaters in the vicinity and refraining from the use of alcohol while driving the boat. If the plaintiff can show that the defendant was not being reasonably careful during the boating activity, the first and second elements are met.
The causation element requires the plaintiff to show that the defendant’s unreasonable conduct caused the resulting injury. It is not enough for a boater to be speeding or boating under the influence if the conduct did not actually cause the resulting injury. Also known as a “causal connection,” this element may be difficult to establish if a number of intervening events took place between the breach and resulting injuries.
Lastly, the plaintiff must show he was actually injured by the defendant’s breach of a duty. This could include physical injury, property damage or financial harm. This element is often easy to meet simply through the introduction of medical bills or invoices for repair.
Contact a Manchester Boating Accident Lawyer Today!
If you were recently involved in a serious boating accident and would like to speak with a Manchester boating accident attorney, please contact the Law Office of Manning & Zimmerman PLLC at (603) 624-7200 or toll-free at (800) 984-3151.