Boating accidents claims can be highly complex. From a legal perspective, they also differ significantly from motor vehicle accidents claims, with their own sets of stipulations and rules. Recovering damages for your injuries from boating accidents requires an experienced professional well-versed in the nuances inherent in the Marine Liability Act, which covers liability for certain personal injuries in boating.
Limitations
The Marine Liability Act sets out rules for apportionment of liability for injuries and fatalities, limitation periods, maximum amounts payable, and much more. Like other types of personal injury claims in Ontario, claims resulting from boating accidents are subject to limitations. Generally, if the claim is not made within two years of the loss/injury, you could lose your right to sue for damages.
Maximum Liability
As outlined in the Marine Liability Act, the maximum liability for boating accident claims that arise from the negligent operation of a boat of less than 300 gross tonnage is $1,000,000 for loss of life and personal injury, and $500,000 for other types of claims (such as damage to property or goods). Recent court decisions have held that the maximum liability limits may not apply if the boat operator acted recklessly and knew that such recklessness would likely cause injury to persons or property. Unlike car accident claims, no-fault benefits are not available in a boating accident in Ontario. In catastrophic injury cases, the ability to successfully argue that the maximum liability provisions do not apply is vital and requires an experienced personal injury and maritime lawyer.
Why Choose Horowitz Injury Law
If you or a loved one is injured as a result of a boating accident, you may be entitled to compensation for damages, including but not limited to fractures, spinal cord injuries, brain injuries and loss of life.
Horowitz Injury Law can provide you the strong legal backing you need to make a claim and receive the compensation you are entitled to. With 35 years experience dealing with boating accidents claims, we can assist you with claims involving a variety of watercraft, including:
• Personal watercrafts
• Speed boats
• Yachts
• Sailboats
• More
Call Horowitz Injury Law today at 416-925-4100 to see how we can help you with your boating accident claim, or request a free consultation.
