QUESTION
Who is responsible if I broke my back during a boating accident?
Asked on Jul 26th, 2011 on Personal Injury - Tennessee
More details to this question:
Who is the person responsible when someone is tubing? I broke my back in a tubing accident recently. The boat was a rental and the marina has a form the person renting the boat has to sign and they take no responsibility for any liability?
19 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Regardless of the form, to hold anyone else liable, you would have to prove that someone was negligent in causing the accident. To do that, you would probably have to show that the equipment was defective, or that someone was operating the boat I a negligent manner. You do not describe how the accident occurred. If the equipment was defective, the marina would probably be liable regardless of what the form says. If the driver of the boat was negligent, that is who you would have to sue.
Answered on Jul 28th, 2011 at 12:55 PM
Personal Injury Attorney serving Portland, OR
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Law Offices of Thomas Patton
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There could be several potentially liable parties. The boat rental company as well as the boat manufacturer or tube manufacturer could be liable if it could be proven that the boat or tube were defective products. Also, the driver of the boat may have been going to fast.
Answered on Jul 27th, 2011 at 2:26 PM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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The form you are referring to is a waiver or release of liability. Although these forms are not watertight, they are difficult to overcome. The first issue is who is your claim against. Did the rental business provide defective equipment, the boat, the tow rope or the tube? Was the driver going too fast or driving recklessly? The waiver would only protect the rental business, not the driver of the boat. If the equipment was not defective and the boat was being driven properly, there may not be any negligence involved and you would not have a claim against anyone. If you feel there was negligence involved which caused your injury, please contact an attorney to discuss your potential claim.
Answered on Jul 27th, 2011 at 2:17 PM
Herbert Farber
The boating facility probably had you sign a "Waiver and Release of Liability" in which you acknowledged that there are risks, dangers and hazards when participating in boating activities. You do not say, however, what caused your accident. If for example, a drunken boater ran over the tow line causing your accident, or if the equipment was faulty, you might have grounds for a case. Most personal injury attorneys will review your case at no cost and discuss with you if your case has merits. Be sure to bring the Waiver with you when you meet with the attorney as well as your medical records.
Answered on Jul 27th, 2011 at 9:46 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If someone was negligent and caused your injury then that person is responsible. If you were injured as a natural consequence of tubing then it's your own fault.
Answered on Jul 27th, 2011 at 9:36 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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It depends on the facts of what happened. Just because the form says that the marina has no liability does not mean that the marina really doesn't have any liability, though. People and corporations have been sneaking language like that into documents for years. If the marina was, in fact, negligent in some way and that negligence caused your injury the marina still might be liable.
Answered on Jul 27th, 2011 at 8:38 AM
Workers Compensation Attorney serving West Palm Beach, FL
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Need more details. Call person injury attorney
Answered on Jul 27th, 2011 at 6:40 AM
Gary Moore
For someone else to be liable to compensate for your injuries there must be a violation of a duty of care, supported by proven facts. In other words, the owner of the boat is not liable to compensate you for your injuries mereby because you were injured using the rent boat. The owner's negligence must be proven. I need much more information to properly answer your question.
Answered on Jul 27th, 2011 at 6:03 AM
Personal Injury Law Attorney serving Kalispell, MT
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McGarvey|Anderson PLLC
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The recreational use statute limits liability for the resort. However, it is up to the person operating the boat to exercise reasonable care under the circumstances. If that person was drinking and driving carelessly you may have a claim. Also you may want to review the rental contract to see if extra insurance was paid for as part of the contract then that insurance may be liable for the boat operators negligence. Your negligence will be compared to that of the boat operator so that should also be considered. The defendants must be at least 50.1% at fault for you to recover.
Answered on Jul 26th, 2011 at 4:28 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No one is automatically liable for an injury. You must prove someone's negligence who (carelessness) caused your injury.
Answered on Jul 26th, 2011 at 4:27 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Tubing has the inherent risk of injury, including a back injury. The rental company had you sign a waiver that would likely hold up in court. Unless there is some negligent conduct by a third party, this is one of those accidents that has no litigation potential.
Answered on Jul 26th, 2011 at 4:26 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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The driver of the boat would be liable, I assume. The marina, maybe. There may even be homeowners coverage available to the driver of the boat.
Answered on Jul 26th, 2011 at 4:26 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It would depend on how the accident happened, whether someone did something careless that caused it to happen. It is possible that the waiver might protect the marina from liability, but it is also possible that the waiver could be invalidated.
Answered on Jul 26th, 2011 at 4:26 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Unless you can prove that someone acted negligently (or perhaps intentionally) which resulted in your injury, then it is likely that no one is responsible for your damages. So sorry to hear about your injury and wish you the best.
Answered on Jul 26th, 2011 at 4:01 PM
I think you would have a hard time making a claim against anyone or any entity other than the boat driver. In order to make a claim against the driver, you would need to show that the driver was negligent, that is, that he or she drove the boat in a careless manner to cause your injury. Unfortunately, when tubing (or other water sports when you are pulled), accidents do happen and it is not necessarily the fault of the driver. One can fall in a bad way and be hurt as a result of that and not necessarily any wrong doing. I would need to have more details to be able to properly assess this matter.
Answered on Jul 26th, 2011 at 4:00 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No one is "responsible" unless someone was negligent. Negligence is defined legally in Florida as the failure to use reasonable care, which again is defined as failing to do something which a reasonable person would do, or doing something which a reasonable person would not do. Neither the operator nor the owner of the boat would be responsible in the absence of negligence.
Answered on Jul 26th, 2011 at 3:59 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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The question of who is responsible comes down to who caused the injury. That is not a question of law, but a question of fact that will depend on how the injury happened. How did the accident happen? Were you using the tube appropriately or were you doing something reckless that caused you to be thrown from the tube? Was the driver of the boat going the recommended speed or going too fast? If you rented the boat from a company that had nothing to do with the accident other than to rent the equipment and the equipment was in good working order and did not malfunction, it is hard for me to see where the renter would be liable for your injury. However, I would need to know all of the facts to make that determination. I suggest that you visit a personal injury attorney in your area and discuss the case in detail with him or her.
Answered on Jul 26th, 2011 at 3:59 PM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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The driver of the boat if he was careless. If he was not, it may just be considered an accident with no one at fault.
Answered on Jul 26th, 2011 at 3:54 PM
William C. Gosnell
The operator of the rental boat.
Answered on Jul 26th, 2011 at 3:52 PM