Boating season in Wisconsin brings heavy traffic to lakes and waterways across the state. From Lake Winnebago and Geneva Lake to Milwaukee’s lakefront and Pewaukee Lake, thousands of people spend time on the water every summer. Unfortunately, boating accidents can and do happen, and when they do, one of the biggest questions is who may be legally responsible for the injuries that follow.
If you or someone close to you was injured in a boating collision, our Milwaukee boat accident attorneys can help you understand how Wisconsin law may apply to your situation. Liability in boating accident cases is often more complicated than people expect because multiple parties can sometimes share responsibility.
Negligence Is the Foundation of Most Boating Accident Claims
Most Wisconsin boating accident claims are based on negligence. Negligence means someone failed to act with reasonable care and caused another person to suffer injuries as a result. In boating cases, that standard can apply to operators, boat owners, rental companies, manufacturers, and even other boaters on the water.
Wisconsin law prohibits people from operating boats in a careless, reckless, or dangerous manner that puts others at risk. When someone violates that duty and another person gets hurt, liability may follow. Examples of negligent boating behavior can include speeding, distracted boating, operating too close to swimmers, violating no-wake zones, or boating under the influence of alcohol or drugs.
Boat Operators Are Often the First Party Investigated
In many boating accident cases, the operator of the vessel is the first person investigators look at because that person controls the speed, direction, and operation of the boat. Unsafe decisions made behind the wheel can quickly lead to serious injuries on crowded Wisconsin waterways.
Operating a boat under the influence is illegal in Wisconsin. Similar to drunk driving laws on the road, boat operators generally cannot legally operate a vessel with a blood alcohol concentration of 0.08% or higher. An impaired operator who causes a collision may face both criminal penalties and civil liability.
Speeding and wake violations can also create liability. Large wakes near docks, marinas, swimmers, or smaller boats can lead to dangerous accidents and serious injuries. In some situations, even if boats never physically collide, reckless operation may still create legal responsibility.
Boat Owners May Also Be Held Responsible
Many people are surprised to learn that a boat owner may still face liability even if they were not operating the vessel at the time of the accident. Wisconsin law can hold owners responsible in certain situations involving negligent entrustment or unsafe maintenance.
Negligent entrustment happens when an owner allows someone to operate a boat despite knowing that person may be inexperienced, reckless, impaired, or otherwise unqualified to safely operate the vessel. For example, allowing an inexperienced teenager to operate a high-powered boat on a crowded lake could create liability for the owner if an accident occurs. Boat owners may also face legal exposure if they fail to properly maintain the vessel and a mechanical problem contributes to the collision.
Wisconsin also has boating safety requirements that apply to younger operators. Certain boaters must complete approved safety education courses before legally operating motorboats or personal watercraft. Allowing someone to ignore those rules may become an important factor in a personal injury claim.
More Than One Person Can Share Fault
Some boating accidents involve mistakes by multiple people. One operator may have been speeding while another may have failed to keep a proper lookout. In these situations, Wisconsin’s comparative negligence rules may apply.
Comparative negligence means an injured person may still recover compensation if they were partially responsible for the accident, as long as they were not more than 50 percent at fault. However, any compensation may be reduced based on the percentage of fault assigned to them.
For example, if someone is found 20 percent responsible for a boating collision, their recovery may be reduced by 20 percent. Insurance carriers often argue over fault percentages in serious injury cases because those percentages can significantly affect compensation.
Manufacturers and Rental Companies May Be Liable
Not every boating accident is caused by operator error. In some cases, defective equipment or mechanical failures may contribute to the crash. Faulty steering systems, engine problems, electrical failures, or defective safety equipment can all create dangerous conditions on the water.
When a manufacturing defect contributes to an accident, the boat manufacturer or parts manufacturer may potentially face liability through a product liability claim. Rental companies can also face responsibility in some situations. A company that rents unsafe boats, ignores maintenance problems, or fails to provide proper safety instructions could potentially share liability if someone is injured.
Wisconsin Requires Reporting After Certain Boating Accidents
Wisconsin law requires boat operators to stop after an accident, provide assistance when possible, and exchange identifying information with injured parties and property owners. Some accidents must also be reported to the Wisconsin Department of Natural Resources.
Reporting requirements may apply when accidents involve serious injuries, deaths, disappearances, or significant property damage. Failing to properly report a boating accident can create additional legal complications and may make future injury claims more difficult.
Time Limits Apply to Wisconsin Boating Injury Claims
Wisconsin generally applies a three-year statute of limitations to most boating accident injury claims. A statute of limitations is the legal deadline for filing a lawsuit. If the deadline expires before legal action is filed, the injured person may lose the ability to pursue compensation.
Although three years may sound like plenty of time, important evidence can disappear quickly after a boating accident. Witness memories may fade, vessels may be repaired, and physical evidence may no longer be available later in the process. Speaking with an attorney early can help preserve evidence and identify all potentially responsible parties before critical information is lost.
What Compensation May Be Available?
Compensation in a boating accident case depends on the severity of the injuries, the available insurance coverage, and the evidence supporting the claim. Injured people may potentially recover compensation for medical expenses, lost income, reduced future earning ability, rehabilitation costs, and pain and suffering.
Serious boating accidents can result in life-changing injuries, including traumatic brain injuries, spinal cord injuries, fractures, and permanent disabilities. Cases involving catastrophic injuries often require extensive medical treatment and long-term care. Every case is different, and no attorney can guarantee a specific outcome. However, identifying all potentially responsible parties can play a major role in maximizing the compensation available after a serious boating accident.
Talk to a Wisconsin Boating Accident Lawyer
Boating accidents can leave injured people and their families dealing with major physical, financial, and emotional challenges. Determining liability is not always straightforward, especially when multiple boats, rental companies, manufacturers, or insurance carriers are involved.
Warshafsky Law Firm represents injured people throughout Milwaukee, Waukesha County, Ozaukee County, Racine County, Kenosha County, and surrounding Wisconsin communities. Our attorneys understand how complex boating accident cases can become and work to investigate all possible sources of liability. If you or someone you love was injured in a Wisconsin boating accident, contact Warshafsky Law Firm to schedule a free consultation.
