Boats need to be highly reliable and must not have defective parts. Otherwise, if the boat experiences an accident, the passengers may be stranded, may be injured, and may even find themselves in the water drowning or freezing to death in the cold water. For that reason, it's important to consider the boat manufacturer or the manufacturer of a boat part before you pursue litigation as a result of a boat accident.
Both the Operator and Manufacturer Can Be at Fault
After a boating accident, there might be several individuals who are at fault for the accident. The operator might be partially at fault. However, a defective boat part will often be a contributing factor. If you choose to file a lawsuit, you are able to sue any party that either caused the accident or contributed to the accident. If you do not want to take the case to court, you also have the option to seek a settlement directly from the manufacturer.
Examples of Defective Boats and Boat Parts
An example of a defective boat is if the boat sinks due to a defective part and one or more of the passengers drown. If a passenger begins drowning, he or she might be resuscitated but may suffer from brain damage as a result of a lack of oxygen. If a passenger passes away, a family member may pursue a wrongful death lawsuit.
Another problem is when a defective part leads to the operator struggling to steer the boat. This can lead to the boat tipping over or colliding with another boat. In addition to potential boating injuries, the boat might become damaged. Both the owner of the defective boat and the owner of the other boat involved can sue the manufacturer for damage done to the boat.
Under product liability laws, anyone who manufactures or sells a defective product is responsible for any damage that results from the use of the product. You have the option of suing the seller, the manufacturer, and even the distributor.
There might be an inherent design flaw in the product. In these cases, the product might be recalled. However, if the manufacturer fails to recall the product, he or she would be held liable. Also, the design of the boat might be sound, but there might have been an error in the manufacturing of the boat. Regardless of the cause of the accident, you will want to contact a boat accident lawyer to help you seek the compensation you deserve.