Compensation Claims for Boating Accidents: Legal Aspects in WA

December 29, 2023    Workers Compensation Lawyers
Compensation Claims for Boating Accidents: Legal Aspects in WA

Have you been injured in a boat accident?  Maybe you were involved in an accident on the water? There are repercussions for any harm an operator or a passenger on a boat—a sailboat, powerboat, or other type of marine vehicle—causes. Contact workers compensation lawyers Perth today.

You might be eligible for compensation if a boating accident caused your injuries. The specifics of your mishap will determine your eligibility and the kind of claim you can file. Important considerations will be whether the boat was privately owned or operated for profit, whether carelessness was displayed in the operation of the boat or another vessel, and whether the boat operator might have taken precautions to avoid the mishap.

Does a Boating Injury Entitle You to Compensation?

You may be aware of the risks associated with boating and other water-based activities, but how well-versed are you in your legal rights in the event of an injury?

Ask workers compensation lawyers Perth if you are eligible for compensation if you were hurt due to the carelessness of another person. In this case, a boat operator will be held accountable. An evident “duty of care” violation must be demonstrated in order to establish negligence.

The operator has a duty of care to take control of the boat as soon as it is safe for you to do so in the event of an incident involving boats. It may be considered a violation of the duty of care if the operator is acting carelessly and making risky movements that cause you to get hurt.

  • Public Liability

Your claim may come under the area of “Public Liability” since the injury you experienced was caused by the actions of another company, individual, or organization.

All compensation claims require evidence, but in cases involving public liability, evidence is especially important. These claims will be “easier” to substantiate with additional evidence, which will move you closer to receiving monetary recompense.

  • Duty of Care

Should you be pursuing a damages action, you will have to demonstrate that the defendant owed you a duty of care, which they negligently violated after it was owed. Boat accidents may be the result of the actions of the captain, cruise lines, or other vessel owners, among other people.

According to general guidelines, in order to prove negligence, a person or boating accident lawyer in Perth must have neglected to take adequate safety measures against known, substantial dangers. To achieve this, the courts will consider a number of factors. This included the possibility that someone might suffer injury in the absence of preventative measures, the cost of putting these measures into place, and the possible severity of injuries.

  • Obvious Risk

However, if the issue that resulted in your harm might be deemed an “obvious risk,” the courts may decide that negligence was not a contributing factor. For example, the Act expressly prohibits culpability from being allocated in situations when the plaintiff sustains injuries as a direct result of engaging in risky leisure activities. Water sports and other boating-related activities can fall under this category.

There may be some protection against duty of care and negligence responsibilities for defendants who issue risk warnings or demand that you sign a waiver before engaging in recreational activities.

Who Will Be Held Accountable?

Any personal injury suffered aboard a boat will be the responsibility of the “skipper,” often known as “the boat operator.” The person in charge of the boat at the moment of the mishap is known as the skipper.

In certain situations, the owner of a vessel may also be obligated to provide treatment for an injured party. The facts and the agreements made between the captain and the vessel owners will always be taken into consideration when determining this obligation.

Boats are exempt from the need for comprehensive third-party insurance, unlike cars. Nevertheless, in situations where negligence has led to human injury, the majority of commercial vessels—including small recreational craft—have insurance coverage.

How to Prevent an Accident

Before you take to the water, remember these helpful suggestions for boat owners/operators to avoid becoming another boating disaster statistic:

  • Verify the condition of your boat.
  • Make sure all necessary safety gear is readily available, on board, and in good working order.
  • Inform someone of your intended destination and time of return.
  • possess the appropriate marine license and boat handling skills.
  • Utilize your maritime radio properly.
  • When you leave, check the weather.
  • Recognize and abide by the sea road’s regulations.
  • Place on your life jacket! It cannot save you if it is off.

Evidence You Should Gather

It is advised that you gather information as quickly as you can. If you are able, it could help with:

  • Take a picture of your injury or the scene of the injury to provide photographic proof.
  • When the event is still fresh in your memory, document it and note any information provided by witnesses.
  • Inform the authorities about the occurrence and do not keep a record.
  • Keep track of your missed work and medical costs associated with your injury.
  • Save all medical records pertaining to the treatment of your injuries, including doctor’s visits, x-rays, certificates, etc.

For What Can I Make a Compensation Claim?

Increase the likelihood that verdicts will be in your favour. As soon as you can follow your boat accident, see a doctor to determine the extent of your injuries. When presenting your case for how the occurrence has affected your day-to-day life and earning potential, their evaluation may prove to be quite crucial. Serious repercussions from boat injuries can include:

  • fractured bones
  • long-term psychological harm
  • spinal injuries
  • brain damage, etc


A day on the water is a classic Australian experience, but if something goes wrong because of a boat operator’s carelessness and you sustain harm or lose things as a result, you might be able to get compensation from their insurance.

In order to show negligence, it must be proven that the boat operator violated the duty of care it owed you. by acting in an unreasonable manner, paying little attention to safety precautions, or maneuvering the vessel in a way that puts you at risk and causes injury. In such cases you are eligible for boating accident compensation. Get in touch with workers compensation lawyers, if you ever face issues concerning boating accidents.

REQUEST A QUOTE NOW! Complete the form below for a fast response

  • Extraordinary service, great communication and highly recommended workers compensation lawyers perth. My friends worker compensation claim was handled by you guys with professionalism and dedication. I must say you guys are the best in Western Australia.

    Sim Ran
  • I’m gonna give 5 stars instead of 4 to Work Compensation Lawyers Perth because I feel like the service has definitely gotten better recently. The servers are faster and more attentive than I have encountered in the past and my past few visits have gone by smoothly. They also are pretty friendly, even on the busiest Of days. I would like to recommend you guys for best Worker Compensation Lawyers Perth

    Neha Jain
Copyright © Workers Compensation Lawyers Perth. All Rights Reserved
Enquire Now
Call Us Now