What are the differences between a boating accident claim and other personal injury claims?
Boating accident law in New York deals with claims that arise from non-commercial boating or recreational boating injuries. In New York, a boating accident claim is distinct from other personal injury claims because it is subject to specific laws and regulations that govern boating. The main difference between a boating accident claim and other personal injury claims is the legal standard used to determine the liability of the responsible party. In other personal injury claims, typically the responsible party is held to a standard of “negligence," meaning that the responsible party is liable for any damages caused by their actions or inactions. In a boating accident claim, however, the responsible party is held to the higher standard of “recklessness," meaning that a person may be liable for damages even if they simply fail to act with extreme caution while operating a vessel. Another way in which boating accident claims are different from most other claims is that they may involve damages from multiple parties. In addition to the negligent boater being liable for damages, the boat’s owner or the boat’s manufacturer may be liable as well. This is because they may have neglected to properly maintain the boat or install appropriate safety features. Additionally, if the accident took place in navigable waters, the state of New York or the United States Coast Guard may be liable depending on which regulations were not followed. Overall, the main differences between a boating accident claim and other personal injury claims are the legal standard used to determine liability and the potential for more than one party to be held responsible for damages. It is important to consult an attorney if you are involved in a boating accident to ensure that your rights are properly protected.
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