With the warm summer months underway, many Massachusetts residents are flocking to the coastline and waterways to enjoy some of the state’s most popular recreational activities. Whether it is canoeing, swimming, boating, or something else, it is critical that people use caution at all times when engaging in their favorite new or old hobby.
According to a recent news report, a 14-year-old boy recently lost his life while kayaking in the New England region. According to the report, the teenage boy was traveling in a two-person kayak when the vessel flipped over in the water. Another person was in the kayak at the time of the accident, a friend of the teenage boy. The victim was not wearing a life jacket at the time the vessel capsized, but his friend was wearing one. The authorities who discovered the victim’s body believe that the fact that the other boy was wearing a life jacket was instrumental in his survival and that the unfortunate victim may have survived had he been wearing a life jacket.
A strong current near the bridge where the drowning took place may have had something to do with the vessel capsizing. The report also indicated that this was the victim’s first time using a kayak and that the boy had not been taught how to swim. The family lived in an area that is a common hotspot for boating, swimming, and fishing activities. The boys had gone to the river to relax and enjoy some time at the water.
Boating or water-related accidents can happen for a variety of reasons, but they commonly involve situations in which a person who lacks the appropriate training or experience to operate a watercraft takes to the open water without appropriate precautions. In some cases, the company that rents the boating equipment to the victim has a duty to ensure that the renter is appropriately experienced to operate the object or device, such as a jetski. In other instances, the rental company may have a duty to provide the renter with a life jacket or other safety equipment.
If you have been injured in a boating accident due to a rental company’s negligence, you can bring a claim against them to pursue compensation for your injuries. A negligence claim has four components: duty, breach, causation, and damages. Each of these elements must be satisfied in order for the plaintiff to recover compensation. For example, even if the plaintiff can show that the rental company owed him or her a duty and failed to act according to that duty, if the rental company can show that some other factor caused the plaintiff’s injuries, the rental company will not be held liable.
At the Law Offices of John S. Moffa, we have substantial experience handling cases involving boating accidents, including wrongful death claims. During this painful time, we will ensure that your rights are fully asserted and that you are treated fairly by all the parties involved, including insurance companies. We offer a free consultation to help you learn about the legal options available to you. Call us at 1-800-446-4485 or contact us online to set up your appointment now.