Boating Accident Ottawa Lawyer
Boating Accident Law in Ontario
It’s finally here…Summer and that means lots of time outside and for many lots of time on the water. What many people do not know is that when it comes to driving a boat, there are many similarities to driving a car. A boat is considered to be a motor vehicle and must follow the laws, regulations and rules such as being licensed and registered.
Did know that from 1991-2008, there were over 3,000 boating related deaths reported by the Canadian Red Cross, of which 86% were from recreational boating? In many ways, operating a boat is similar to driving a car. There are numerous laws, regulations and local rules covering such things as speed, right of way, lights and signals and collisions. As well, boats need to be registered and licensed. In order to be licensed to drive a boat in Ontario, drivers must learn the rules of the waterways and other boating safety information. Ontario boaters must pass a regulated boating exam. If successful, a Pleasure Craft Operator card is issued.
Boating Accidents and Injuries
Should you become injured in a boating accident, the Ontario ‘MARINE LIABILITY ACT’ provides a maximum of $1,000,000.00 in compensation from injuries resulting from a boat operated with negligence, depending on your injuries. Boating accidents are complicated as there are several sets of laws that come into play; there is both marine and the Ontario motor vehicle laws.
Boating Accidents and Compensation
There are differences when it comes to seeking compensation for injuries and damages. In Ontario, no fault benefits do not apply in a boating accident. People who suffer a personal injury in a boating accident are limited to seeking compensation against the at fault party. Our lawyers are familiar with boating laws and personal injury compensation when it comes to boating accidents and can help provide you with the best analysis of your boating accident and next steps.
We hope you are enjoying your summer and boating safely. Should you need any information that relates to Ontario laws that relate to boating accidents or compensation for injuries and damages resulting from a boating accident, our Ottawa personal injury lawyers are here to offer free consultations. We understand the nuances of the law and boating accidents and we can help. Contact any one of our lawyers and we would be happy to help provide you with the information you need.
A tragic boating accident has led to the death of an 18 year old young man from Hastings Highlands Township. Zachary Armstrong drowned Saturday in an accident while driving his boat. Bancroft OPP responded to the call on Mephisto Lake at 10 a.m. and discovered that Zachary had fallen from the boat he was driving by himself and had that nearby cottagers had been looking for him for some time but had been unable to find him. Eventually divers located his body and he was pronounced dead.
A boat is considered to be a motor vehicle and like motor vehicles are in involved in serious accidents. Sadly, every summer we lose valuable lives in swimming and boating accidents. Accidents can happen to anyone and are sometimes out of our control. There are steps you can take to help reduce your chance of a boating accident such as…
Check the weather before you go out.
Equip your boat with all safety equipment
Make sure you have your Pleasure Craft Operator Card
Know the rules and use common sense
Know the waters you are navigating in
Never boat alone, always have a spotter
Always tell someone where you are going and how long you expect to be
Wear a life jacket and make sure all passengers are wearing their life jackets properly fitting
Never drink and drive a boat
Sign up for a certified boating course
Constantly check your safety equipment and make sure nothing is defective
Please make sure you take all the necessary steps to ensure you have a safe boating experience. Tragedies such as Zachary’s serve as a reminder for us all that anything can happen in an instant. My thoughts go out to his family and friends at this very difficult time.
Ontario Boating Accident Lawyers David Hollingsworth. I have 3 kids and make no mistake of it, as they head of to school each morning they know that their school days are numbered for the year and the summer holidays are just around the corner. For us, summer is swimming , boating and running wild with no schedule. We are all excited for summer holidays and spending some time out on a lake. For some, these activities have already started on weekends. Unfortunately, it’s also the time of year when we see a rise in boating accidents. This week happens to be National Water Safety Week and we need to all have a reminder of the importance of water and boating safety to avoid injuries and drownings.
Obviously, prevention is the single most important thing we can do. We need to talk and enforce the rules around water, pools, boats and be role models. Yes, that means even the adults throw a life jacket on while boating.
If you are near a pool or own a pool supervision is critical. Even if children know how to swim, they need to be supervised. You never know when a child might get a cramp, slip getting into a poll and drownings can happen in an instant. Children can drown in less than 2 inches of water and 38% of children who drown are from swimming pools drownings. Make sure your pool is ALWAYS secured and that no one can get in a gate or in your pool. Toddlers wander off too often and we know of countless tragic stories of toddlers drowning when their parent or guardian was with them minutes before.
Did you know that drowning is one of the leading causes of death for Canadian children from the ages of 1-4 and that men between the ages of 15 – 44 have the greatest risk of drowning ?
What can you do to ensure your safety and the safety of others while boating?
- Always wear a proper fitting lifejacket
Always wear a Transport Canada approved and properly fitted Lifejacket or Personal Floatation Device (PFD) and ensure passengers do the same. It can save your life and the life of your family and friends!
- Drinking alcohol on a boat is the same as drinking and driving. Don’t do it
- Sadly, alcohol is one of the main causes of boating fatalities.
- Be Prepared:
Make sure all safety equipment is in good working order and that you and your passengers are familiar with the equipment. Review with your crew what to do in an emergency in case something happens to you while boating.
- Take a boating safety course.
Boating safety courses will help you better understand “the rules of the road”. These courses can often be done online from the comforts of your own home.
- Get Certified:
Get your Pleasure Craft Operator Card or Canadian Boating Licence. All operators of recreational powered watercraft vehicles who operate within Canadian waters must have their Pleasure Craft Operator Card. There is a $250 fine for boat operators caught without a licence.
I hope we all have a great safe summer season and are able to get out on the water. We live so close to so many great places to swim and boat are very lucky to have all these wonderful places so close to the Ottawa community. Enjoy your summer responsibly.
Ottawa Ontario Boating Accident lawyer David Hollingsworth
Boating Accident Lawyer
Ottawa Injury Lawyer David Hollingsworth…
Sadly, a young boy from Belleville, Ontario was critically injured when he was swimming at his summer camp and a boat hit him. The terrible boating accident occurred close to Kingston Ontario. He now remains in serious condition at a Kingston Hospital and is being treated for severe personal injuries. Ontario Provincial Police reported that the young boy was at a beach with his day camp on Wednesday, close to North Beach Provincial Park, about 20 km south of Trenton, Ontario. The young boy had been swimming in North Bay, a lake close to Lake Ontario and had just finished a tubing before he was hit by the boat. Another boat being driven by a 19 year old counsellor was pulling a different camper when he hit the swimmer. The boat’s propeller hit the boy and he suffered serious personal injuries, which include lacerations to his chest. He was transferred to the Kingston General Hospital in serious condition.
Boating Accidents and Insurance Claims
A boat is considered to be a motor vehicle and is just as dangerous as a car when it comes to accidents.
What a terrible boating accident and awful event for this young boy and his family. My thoughts are with them at this very stressful time. I wish the young boy a full and hopefully speedy recovery.
Ottawa Personal Injury Lawyer David Hollingsworth…We are just hours away from the long weekend. I wanted to take a minute to wish everyone a safe and enjoyable weekend. Be careful on the roads and in the waters if you are at a cottage or boating. Please do not drink and drive ! Plan ahead and organise a safe long weekend for your family, friends and yourself.
The Canadian Red Cross Put out these excellent safety tips, which serve as a great reminder to us all…
Safety first this long weekend
Because personal injury is no accident. Long weekends can mean highway travel, boating trips, camping, swimming and fun at the cottage. While all these activities create lasting summer memories, they all share the potential for injury. Be prepared for a safe and fun season. While heading to the cottage or campsite this weekend, Canadian Red Cross asks you to consider these important safety tips.
Safety in, on, and around water
- Try on their life jacket to see that it still fits and that all the zippers and buckles are in good working order.
- When boating, always wear a life jacket. Even in nice weather, even close to shore. On average, more than 500 people drown every year in Canada. Life jackets really do save lives.
- Power boaters need to have their Pleasure Craft Operator Card in order to operate a boat.
- If you’re staying near the water at a campsite, cottage or resort, always supervise children. Kids love water and may wander over ‘just to take a look’, or to get that beach ball that’s bobbing on the surface.
Prevent personal injuries
- Buckle up. Infants and young children should be in a car seat or size-appropriate booster seat.
- Hot dogs around the campfire are great but can be easily lodged in young children’s throats. If you have toddlers, make sure to cut the hotdog lengthwise and then into small pieces.
- Review fire safety rules with the kids. They shouldn’t play with matches, poke the fire, or roughhouse near the flames where they might fall in.
- Be sure children play on age-appropriate playground equipment. Falls are a leading cause of injury for kids.
- Keep pool chemicals, pest control substances and cleaners out of reach of children.
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It looks like it’s going to be a great start to the summer this week. If you are planning on being out on the water , please keep in mind some basic boating safety . There are far too many Ontario boating accidents in Ontario each summer. As an Ontario boating accident lawyer, I wish to remind you that boats (including jet skis and sea doos) are motor vehicles and often times people forget that driving rules apply when operating a motor vehicle on the open water. As an Ontario boating accident lawyer, I represent victims of boating accidents who have suffered serious injury and wrongful deaths resulting from serious boating accidents in Ontario. Most often, with Ontario boating accidents, alcohol is a contributing factor. We all know not to drink and drive a car, but this also needs to be the rule when it comes to boating.
Boating Accident Statistics
The Recreational Boating statistics in 2010 indicated that alcohol contributed to 19 % of boating deaths, which means that alcohol was the leading contributing factor in all fatal boating accidents. This shocking statistic is an increase by 3% points from 2009, when alcohol was indicated as the leading contributing factor to 16 5 of boating deaths. The primary contributing factors in most boating accidents were alcohol, speed, driver inattention, improper lookout and inexperienced drivers.
A Canadian Red Cross study covering 15 years of boating deaths in Canada (1991 to 2006) found that of 2,232 people who drowned or died of hypothermia, only 12% were wearing a life jacket properly. Approximately 85% of boating deaths occur in Canada’s fresh waterways, according to a 10-year study by the Canadian Red Cross published last year. According to the study, 393 recreational boaters drowned in B.C. between 1991 and 2006, accounting for 18% of all such deaths in Canada. Contributing factors in the deaths were lack of flotation devices, water temperature and drinking. 68% of drowning victims were not wearing a life jacket, and of those, 27% of motorboaters had life jackets on board but chose not to wear them, while 13% of people in nonmotorized boats died with their flotation devices stowed out of reach. Boaters who don’t have enough life vests on board face a fine for every life jacket they’re missing.
Please, be safe out there and enjoy the water and this beautiful summer we are having!