Have you suffered an injury through a boating accident in Queensland? If so, you may be able to access compensation for your losses.
Can You Access Compensation for a Boating Injury?
The risks involved with boating and water-based activities may be apparent to you – but if injury occurs, how familiar are you with your entitlements?
If you have sustained an injury through someone else’s negligence – in this case, a boat operator – you could be entitled to claim compensation.
To prove negligence, an apparent breach in ‘duty of care’ must be proven.
In the case of boating incidents, the duty of care owed to you by the operator would be to take control of the boat as safely as possible. If the operator is behaving recklessly by performing dangerous manoeuvres - resulting in your sustaining an injury - this could be seen as a breach of the duty of care.
Acts of Boating Negligence
Boating accidents are not uncommon in Queensland.
The accidents that cause injury are often due to negligence. The following are examples of boating negligence that could lead to injury:
driving under the influence of drugs or alcohol;
dangerous operation of the boat or vessel;
lack of safety equipment available;
failure to properly maintain the boat or vessel;
non-compliance with maritime safety rules.
Public Liability and Boating Injury Claims
As the injury sustained was at the fault of another business, person or organisation; the category for your claim may fall under ‘Public Liability’.
Evidence in all compensation claims are necessary, but in the respect of Public Liability matters, evidence is a rather crucial element. The more evidence obtained the ‘easier’ these matters will be to prove, therefore bringing you closer to financial compensation.
Given this, it is recommended that you compile evidence as soon as you are able.
If you can, it may be beneficial to:
Take photographic evidence by capturing an image of your injury, or the location where the injury was sustained;
Record any witness details if possible, and document the event while it is clear in your mind;
Report the incident to the police and withhold a record;
Document your lost wages and expenses related to the treatment of your injury; and
Retain any medical records of your injury treatment (doctors appointments, x-rays, certificates, etc.).
All of these records will be considered as evidence material for your compensation case. Understandably, it may be difficult to obtain all of the necessary evidence. As evidence is an especially important element of Public Liability Claims, it is recommended to contact a personal injury lawyer to assist with these matters.
Precise time limits apply, so it is advised you seek legal assistance as soon you can.
What Should I Do If I’ve Been Injured in A Boating Accident in Queensland?
In any situation where you have sustained an injury through no fault of your own, you should immediately contact an Accredited Specialist Personal Injury Lawyer. They will guide you through the correct steps to take given your situation.
To find out more about Personal Law and Accredited Specialists Personal Injury Lawyers, please follow the link below.