What types of legal action can be taken if I am involved in a boating accident?
If you are involved in a boating accident in California, there are several types of legal action you can take, depending on the circumstances. If someone else is responsible for the accident, you may be able to sue them for negligence or wrongful death. Negligence occurs when someone fails to exercise reasonable care and causes an injury to another person. You must prove that the person owed you a duty of care, breached their duty, and caused your injury or death. If someone else has violated a safety regulation, such as failing to maintain their boat properly, you may be able to sue the person or agency responsible for enforcing the regulation. This is known as a negligence per se claim. If you are injured in a recreational boating accident, you may be entitled to recover compensation under California’s Maritime Liability Act. This act provides for compensation for personal injuries, property damage, and wrongful death, and may entitle you to punitive damages as well. You may also be able to recover compensation for medical bills, lost wages, pain and suffering, and other damages through a personal injury claim. If you are the victim of an intentional act, such as a boat ramming, battery, or other intentional tort, you may be able to sue for intentional infliction of emotional distress. Ultimately, the type of legal action you can take will depend on the specific circumstances of your accident. It is important to contact an experienced boating accident attorney to discuss your legal options.
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