What are the elements of a boating accident claim?

In New York, a claim arising out of a boating accident must meet the legal elements for negligence in order to be successful. Four elements must be proven in order for a plaintiff to prevail in a negligence case: duty, breach, causation, and damages. Duty is the legal obligation of each person to use ordinary care to avoid causing foreseeable injury to another person. This means drivers of boats must use the same care as a “reasonably prudent person” in the same situation. Breach is the failure to use the required care and precaution that would be expected from the “reasonably prudent person” in the same situation. This means the boat driver must have failed to exercise the required level of care. Causation is the relationship between the defendant’s breach of duty and the plaintiff’s injury. This requires a showing that the negligence of the boat driver is the cause of the plaintiff’s injury. Damages is a financial award that a plaintiff may receive to compensate for the losses and injuries suffered due to the defendant’s acts of negligence. Damages can include past medical expenses, lost wages, pain and suffering, and future medical care. In order for a Court to award damages in a boating accident claim in New York, the four elements of negligence must be proven. It is important to remember that each case is different and it is in the plaintiff’s best interest to seek advice from a qualified New York boating accident lawyer.

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What are the elements of a boating accident claim?

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