Who can be held responsible for a boating accident?

In New York, a number of parties may be held responsible for a boating accident. Most often, a fault must be determined to determine who is held liable. Depending on the circumstances, the party who is deemed to be at fault may be held accountable. The driver of the boat is usually the first to be held responsible for any boating accident. Boaters are required to follow the navigation rules of the waterway they are traversing and abide by the posted speed limit. Not only that, but they must watch for other boats, swimmers, and other hazards. If the driver is found to be reckless, careless, or negligent, he/she may be liable for any accident that occurs. In other cases, a mechanical failure or defective boat part may be a contributing factor to the accident. If this is the case, the manufacturer of the part or boat may be held liable. Environmental factors, such as poor weather, may also contribute to a boating accident. If this is the case, the municipality, if applicable, or the United States Coast Guard may be held liable. Finally, if alcohol is found to be a contributing factor of the accident, the party providing the alcohol may be held liable. Ultimately, the responsible party or parties must be determined to decide who is liable for the accident. This determination will depend on a number of factors and both parties’ fault in the accident should be considered.

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