With decades of experience handling boat accident cases, our lawyers are here to help you.
As boating is a popular activity in Wisconsin, sometimes people recklessly and negligently operate boats or water crafts and cause injury to passengers, other nearby boaters or swimmers in the area. With compassion and expertise, our boat accident lawyers have represented people injured in boating collisions when a boat is operated recklessly without regard to other boats on the water—and will do the same for you.
Common Boating Accident Injuries
1. Drowning
Often due to a lack of life jacket use or inability to swim after falling overboard.
2. Traumatic Brain Injuries (TBI)
Resulting from collisions, falls, or being struck by a boat or propeller.
3. Lacerations and Cuts
Caused by sharp objects, boat propellers, or debris during an accident.
4. Broken Bones
Often occur during collisions or if passengers are ejected from the boat.
5. Hypothermia
Due to prolonged exposure to cold water after falling or capsizing.
6. Spinal Cord Injuries
Caused by impact forces or diving into shallow water.
7. Burns
Resulting from fuel-related fires or explosions onboard.
8. Soft Tissue Injuries
Such as sprains, bruises, and muscle tears from slips, falls, or sudden movements during an accident.
Boating Accident Laws in Wisconsin
1. Wisconsin State Boating Laws
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- Reporting Boating Accidents:
- Wisconsin law requires boaters to report accidents to the Department of Natural Resources (DNR) if:
- There is a fatality.
- Someone is injured and requires medical treatment beyond first aid.
- Property damage exceeds $2,000.
- Boating While Intoxicated (BWI):
- Operating a boat with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. Wisconsin has strict penalties for BWI, similar to driving under the influence.
2. Federal Maritime Law (Admiralty Law)
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- Jurisdiction:
- If the accident occurs on navigable waters (waters connected to interstate or international commerce), federal maritime law may apply.
- Jones Act:
- Provides remedies for injured workers on vessels (e.g., boat crew members) but does not typically cover recreational boating accidents.
- Limitation of Liability Act:
- Boat owners may attempt to limit their liability for injuries or damages if they can prove they had no knowledge of the hazardous condition.
3. Negligence and Liability
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- Duty of Care:
- Boat operators owe a duty of care to passengers and other boaters to operate their vessel safely.
- Failure to maintain proper lookout, excessive speed, or negligence in navigation could result in liability.
- Comparative Negligence:
- Wisconsin follows a comparative negligence system. If multiple parties share fault for the accident, damages may be reduced based on the percentage of fault.
4. Personal Injury and Wrongful Death
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- Victims or their families may file claims under Wisconsin personal injury law or federal maritime law, depending on the location and nature of the accident.
- Damages may include medical expenses, lost wages, pain and suffering, and wrongful death compensation.
5. Equipment Requirements and Safety Violations
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- Wisconsin law mandates certain safety equipment on boats (e.g., life jackets, fire extinguishers, navigation lights).
- Failing to comply with these requirements can contribute to liability in an accident.
6. Liability for Boat Owners
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- Boat owners can be held liable for accidents caused by their vessel, even if they were not operating it, especially if:
- They allowed an unqualified or intoxicated person to operate the boat.
- The boat was not properly maintained or equipped.
Common Causes of Boating Accidents in Wisconsin
1. Operator Inattention
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- Failing to keep a proper lookout for other boats, obstacles, or changes in weather.
2. Operator Inexperience
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- Lack of knowledge about boating safety, navigation rules, or how to handle a vessel.
3. Excessive Speed
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- Operating a boat at unsafe speeds, reducing reaction time and increasing the likelihood of collisions.
4. Alcohol Use (Boating Under the Influence – BUI)
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- Impairment from alcohol is a leading factor in boating accidents, reducing judgment and coordination.
5. Improper Lookout
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- Failing to designate someone to watch for hazards, especially in crowded or high-traffic areas.
6. Weather Conditions
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- Sudden storms, strong winds, or rough waters can lead to capsizing or collisions.
7. Equipment Failure
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- Malfunctions such as engine problems, steering failure, or insufficient safety equipment like life jackets.
8. Collisions with Fixed Objects
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- Striking docks, buoys, rocks, or submerged objects due to poor visibility or operator error.
What is the Legal Process for Proving Negligence in Boating Accidents?
1. Establishing the Duty of Care
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- Boaters owe a duty of care to operate their vessels safely and responsibly, following state and federal laws.
- Examples include adhering to speed limits, avoiding alcohol consumption while operating the boat, and maintaining proper safety equipment.
2. Proving a Breach of Duty
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- Show that the defendant (at-fault party) breached their duty of care by acting negligently.
- Common examples of breaches include:
- Operating under the influence of alcohol or drugs.
- Excessive speed or reckless operation.
- Failing to keep a proper lookout.
- Not adhering to navigational rules or safety regulations.
3. Causation
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- Prove that the defendant’s breach of duty directly caused the accident and your injuries or damages.
- Two types of causation must be established:
- Actual Causation: The accident would not have occurred without the defendant’s negligence.
- Proximate Causation: The injuries were a foreseeable result of the defendant’s actions.
4. Demonstrating Damages
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- Provide evidence of the damages you suffered as a result of the accident, which may include:
- Medical expenses.
- Lost wages.
- Property damage.
- Pain and suffering.
- Emotional distress.
5. Gathering Evidence
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- Collect evidence to support your claim, such as:
- Accident reports filed with the Wisconsin Department of Natural Resources (DNR).
- Photos or videos of the scene and injuries.
- Testimony from witnesses who observed the accident.
- Expert testimony (e.g., accident reconstruction specialists).
- Medical records and bills.
6. Comparative Negligence in Wisconsin
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- Wisconsin follows a modified comparative negligence system.
- If you are partially at fault for the accident, your compensation may be reduced by your percentage of fault.
- You can recover damages as long as your fault is equal to 50% or less.
7. Filing a Legal Claim
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- Work with a personal injury attorney to file a claim against the negligent party and their insurance company.
- Most cases are settled out of court, but you may need to file a lawsuit if the parties cannot agree on compensation.
8. Legal Support and Deadlines
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- Statute of Limitations: In Wisconsin, personal injury claims, including those for boating accidents, must generally be filed within three years from the date of the accident.
- Consulting an attorney experienced in maritime or personal injury law is crucial to navigating the process and maximizing your compensation.
Boating Safety Requirements in Wisconsin
Mandatory for Operators Born on or After January 1, 1989:
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- Anyone born on or after this date must complete a Wisconsin Department of Natural Resources (DNR)-approved boating safety course to legally operate a motorized boat or PWC.
Exemptions:
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- Individuals born before January 1, 1989, are not required to complete the course.
- Operators under the direct supervision of someone 18 years or older who meets the legal requirements for boating do not need to complete the course.
Age Restrictions:
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- Children under 12 years old may not operate a motorized boat unless supervised by a parent, guardian, or another adult.
- To operate a PWC (e.g., jet ski), operators must be at least 12 years old and have completed the safety course if required by their birth year.
Proof of Certification:
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- Boaters required to take the safety course must carry their safety certification card while operating a vessel and present it upon request by law enforcement.
Where to Take the Course:
The Wisconsin DNR offers both in-person and online boating safety courses. Approved providers include Boat-Ed and other recognized platforms.
Wisconsin Boating Accidents FAQs
In Wisconsin, boat operators are required by law to report boat incidents to law enforcement right away and for a written report to be submitted within 10 days of the incident.
- Liability for accidents caused by faulty equipment may fall on the boat owner if they failed to maintain the vessel properly.
- If the defect is due to a manufacturing or design flaw, the manufacturer or seller of the boat or equipment may be held liable under product liability laws.
- Proper documentation of maintenance and evidence of the defect are crucial in determining liability.
- Yes, a boat owner may be held liable if:
- They allowed an unqualified or intoxicated operator to use the boat.
- They failed to properly maintain the vessel, leading to mechanical failure.
- Wisconsin law holds boat owners responsible for ensuring their vessels are operated safely and by capable individuals.
- Liability in multi-vessel accidents is determined by:
- Whether operators followed navigational rules, such as right-of-way or maintaining a proper lookout.
- Evidence of reckless behavior, such as speeding or intoxication.
- The comparative negligence standard in Wisconsin, where liability is assigned proportionally based on each party’s fault.
- Accident reports, witness statements, and physical evidence are used to assess responsibility.
- Passengers can be held liable if they contributed to the accident, such as by:
- Distracting the operator.
- Tampering with safety equipment.
- Acting recklessly in a way that endangered others.
- However, passengers are generally not liable unless their actions were a cause of the accident or injuries.
- Wisconsin follows a modified comparative negligence rule, which means:
- You can recover damages as long as your fault is equal to 50% or less.
- If you are partially at fault, your compensation will be reduced by your percentage of fault.
- Alcohol use is a leading factor in boating accidents and significantly impacts liability.
- Wisconsin law prohibits operating a vessel with a blood alcohol concentration (BAC) of 0.08% or higher.
- If the operator was intoxicated, they would likely bear the majority, if not all, of the liability.
- Even if the injured party was drinking, their compensation could be reduced under comparative negligence if their alcohol use contributed to the accident.