Wisconsin Boating Accident – can you sue?

Boating season in Wisconsin brings excitement to explore the waterways. Unfortunately, the season also brings injuries: in 2016, for example, Wisconsin saw 108 boating accidents that led to 74 accidents and 21 deaths. If you are injured in a boating accident because someone else was negligent, you have a right to recover damages.

Injuries as the Boat Operator

When you operate a boat, you must prove that the other boat operator bears greater responsibility for the accident than you do. Part of how you can show this is through the accident report. Wisconsin law requires boat operators to file a report within ten days of any accident that involves injuries, death, or more than $2,000 worth of property damage. When you file a report, you create a record that helps demonstrate fault. This might include whether the other boat operator was drinking or underage, how the accident occurred, what the conditions on the water were, and any other information that helps assess who was at fault. If you hit a large wake in a no wake zone or identify other problems with the other boat owner’s operation, you have grounds for claiming negligence.

Injuries as a Passenger

Often, injuries in boating accidents involve passengers on the boat. If you are in an accident as a passenger, you have potential claims against both the person operating your boat and the person operating the other boat. You need to demonstrate that one or both operators failed to exercise proper care. If you are thrown from the boat because of reckless operation, for example, you have a potential claim against the driver of your boat. In a collision, either or both operators could be found responsible.

Claims for boating accidents boil down to a question of who failed to act with the care that was required. This may be the person operating another boat or the one in which you are riding. In either case, Eisenberg Law Offices can help you work through the details to help you get the recovery you deserve.