Who's liable for a boating accident injury, and which lawyers handle these claims?

In summary: Responsibility for a boating accident injury may sit with the person or business that controlled the boat, the activity or the area where you were hurt, such as an operator, an owner, a hire business or a tour company. We handle public liability claims in Victoria, Queensland, Western Australia and the Northern Territory, and we can help you work out who may have owed you a duty of care and what your claim could involve.

Who could be liable after a recreational boating accident?

Liability depends on who was in control of the boat, the activity or the area where you were hurt. That could be:

The person operating the boat at the time of the accident
The owner of the vessel, if they let someone unsuitable operate it or failed to maintain it
A hire or charter business that supplied the boat or safety equipment
A tour or cruise operator running the activity you were part of
A marina, ramp or jetty operator responsible for the area where you were injured
The manufacturer of faulty equipment, such as a life jacket or engine part

More than one party may be involved, which is one reason it helps to get advice early.

Which lawyers handle these claims?

Public liability lawyers handle injuries that happen in places or activities controlled by someone else, and that can include recreational accidents on the water. Our public liability lawyers can look at your circumstances and confirm how the law treats your situation.

What does a public liability claim involve?

A public liability claim looks at whether the person or business in control of the area or activity took reasonable care, and whether any failure to do so caused your injury and loss. We'll go through what happened, who was in control and what evidence supports each part of the claim. Whether a claim is available depends on your circumstances, so we'd start by assessing them.

What evidence helps a boating accident claim?

Gathering records early can help show what happened. Useful items include:

Any incident report filed by the operator, hire business or marine authority
Photographs of the boat, the equipment and the area where you were injured
Contact details for witnesses, including other passengers
Your medical records and reports describing your injuries
Receipts or booking confirmations showing who supplied the boat or activity
Any licence, safety or maintenance records you can obtain

If you're not sure how to get some of these, we can advise you on what to ask for and from whom.

What does it cost to make a claim?

We work on a No Win, No Fee* basis for eligible public liability claims, so you can find out where you stand without upfront cost.

Get in touch

If you're not sure who was responsible for your injury on the water, we can help you work it out. We'll review what happened and what your claim may involve. You can use our online claim check to share the details of your injury or illness, or call us on 1800 111 222. Any incident report and your medical certificate will help us get started.