Usa Low Cost Airlines - California Boat Accident - Case Study - Boat Hits Water Skier

This article is a case study of a vessel collision between a small inflatable power boat and a water ski boat that illustrates boat accident law. Then it is important for you to understand how maritime law operates, if you or a family member are seriously injured in a boating accident in California.

This is a recreational boating accident in California. A maritime legal analysis is performed in order to illustrate boat accident negligence and vessel collision legal principals.

A Case Study - A Boat Accident on Mission Bay

But not the zoo it will be in a few hours, so the water park is busy, it's Saturday morning at the beginning of spring. A typically beautiful chamber of commerce weekend on Mission Bay in San Diego, picture this.

A day of pleasure quickly turns to danger and danger in turn quickly turns to disaster, as is usually the case in recreational boat accidents. A ski boat is slowly towing a young girl and is going in the proper counter-clockwise rotation flow of traffic.

The ski boat driver takes the proper evasive maneuver to starboard and turns the ski boat in order to pass the inflatable boat port to port. The inflatable boat is going way too fast, further. Against the flow of traffic, clockwise, that is. The inflatable boat is going the wrong way. A small inflatable power boat pops up from behind an anchored luxury yacht.

Seriously injuring both of her legs and right arm, launching her and slamming her into the inflatable boat's engine, the young girl's skis go under the inflatable boat. After passing the ski boat the inflatable boat driver takes a radical turn to port - - apparently in an effort to try and "catch air" over the ski boat's wake.

Maritime Law Analysis: Rules of the Road Violations:

" The following is a thumbnail analysis of the Rules of the Road violations presented in this Case Study. Federal Navigational Rules are also referred to as "Rules of the Road.

The inflatable boat operator is in violation of the following Navigational Rules: The young girl has a strong liability case against the operator of the inflatable boat.

Rule 5 - - Lookout

The vessel failed to keep a proper look-out.

Rule 6 - - Safe Speed

The vessel proceeded at a speed too fast for the conditions.

Rule 10 - - Traffic Separation Schemes

The vessel failed to proceed in the appropriate traffic lane in the general direction of traffic flow for that lane.

Rule 18 - - Responsibilities between Vessels

The vessel failed to keep out of the way of a vessel restricted in her ability to maneuver.

Defeating the Limitation Action

The inflatable boat driver blew a.09 on the Breathalyzer and was booked by the San Diego Police for boating while under the influence. The Limitation Action was defeated because the yacht owner was deemed to have privity and knowledge of the inflatable boat driver being up partying hard the night before and drinking 2 hours before the collision. The yacht owner filed a Limitation of Liability Action in Federal District Court. The inflatable boat was launched from the luxury yacht and is owned by the yacht owner.

Applying the Pennsylvania Rule

The Rule is a powerful weapon in boat collision lawsuits, used properly. " The Pennsylvania Rule is used to establish liability for boat collisions. "Check Mate, or as I like to call it, this is called the Pennsylvania Rule. But that it could not have been, or that it probably was not, when a vessel violates one of the Rules of the Road the burden rests upon the violating vessel to show not merely that their fault might not have been one of the causes, under maritime law.

Case Result:

The insurance company for the yacht / inflatable power boat owner paid a high six figure settlement to the Guardian ad Litem of the young girl.

Disclaimer:

There is no guarantee that your boating accident case will have a similar result as discussed in this vessel collision case study. Difficulties and/or nuances, each boat accident case is different and has separate challenges. I am simplistic in order to achieve clarity. Persons and/or vessels is purely coincidental, any resemblance to actual events. It is not legal advice. The foregoing is a California boat accident case study.