Boating Injury

Boating accidents can turn a day of leisure into a life-altering event in mere moments. The tranquil waters that promise relaxation and adventure can quickly become the scene of devastating injuries, leaving victims grappling with physical pain, emotional trauma, and financial uncertainty. At Oatley Vigmond, we understand the intricacies surrounding boating accident injuries and the profound impact they can have on victims and their families. With years of experience navigating the intricate legal waters of maritime law and personal injury claims, our boating accident injury lawyers stand ready to advocate for those affected by boating accidents. We recognize that behind every case is a personal story of hardship and a need for justice. Our mission is to guide you through the legal process, ensuring your rights are protected and you receive the compensation necessary for recovery and rebuilding your life.

Top Reasons for Boating Accidents Injuries

Operator inattention is one of the main causes of boating accidents. Boat operators who are distracted can miss hazards, fail to notice swimmers or other boats in the water, and create dangerous situations. Inexperienced operators are also at risk. There is a greater risk of an accident for those who do not understand boating rules or aren’t familiar with proper handling techniques or emergency response procedures. Speeding is also a common factor. It reduces the reaction time of an accident and makes it more severe. This can lead to a loss of control and make it hard to navigate.

Alcohol is another major issue when it comes to boating safety. Alcohol impairs judgment, balance, and coordination. This increases the risk of an accident. Lack of proper watchfulness is also dangerous. Operators who do not keep a constant eye out for other boats, swimmers, or obstacles are more likely to collide with them. Poor maintenance can lead to mechanical failures, which can result in breakdowns and loss of control. This creates dangerous situations on the water. Adverse weather conditions, such as heavy rain or strong winds, can make navigation difficult and lead to accidents.

Many collisions and dangerous situations are caused by violations of navigation rules. They are there to maintain order and safety in navigation. Ignoring them can lead to serious consequences. Overloading the boat can reduce its maneuverability and stability, which increases the risk of it capsizing or flooding. A boat’s stability and maneuverability can be affected by overloading it with passengers or gear. This increases the likelihood of capsizing or swamping. Navigation through dangerous waters, such as those that have strong currents, rocky areas, or shallow areas, can cause collisions and other incidents.

The presence of swimmers adds an additional layer of danger. Accidents can occur if you fail to react appropriately to swimmers. Operators need to be alert and use caution in order to ensure everyone’s safety on the water. These factors all contribute to the risk of accidents on the water. Proper training, maintenance, and compliance with safety protocols are essential to reducing these incidents.

Boating Accident Types

The most common types of boating accidents are collisions, which involve impacts between two or more vessels or between vessels and stationary obstacles like docks or submerged obstructions. Collisions are often caused by operator negligence, excessive speed, or poor visibility.

A boat capsizing in water can be a serious accident. It may occur due to overloading, weight changes, large waves, or wakes. Flooding or swamping occurs when vessels absorb water more quickly than they can expel it, which could lead to sinking. These situations can be caused by hull damage, excessive weight, or bad weather.

Falling overboard is another serious safety issue. This can happen due to sudden boat movements, slippery surfaces, or a loss of balance. The most common cause of grounding accidents, in which boats get stuck on reefs or sandbars or run into shallow water, is navigational error or a lack of knowledge about local depths.

Even though they are rare, fires and explosions can be devastating. Fuel leaks, electrical problems, and improper handling of flammable material onboard can cause these incidents. While propeller injuries are rare, they remain a risk for those who enjoy watersports or swim near boats.

Large wakes created by passing vessels can damage moored vessels or cause serious injuries to passengers in smaller boats. Towing and skiing accidents are particularly dangerous for individuals who engage in watersports behind boats.

The weather can cause a wide range of incidents, from capsizing to sudden conditions such as high winds and waves. 

Carbon monoxide, although less obvious, is a serious threat to boaters when fumes from exhaust accumulate inside enclosed spaces.

Boat Safety Equipment

In Canada, pleasure craft is governed by the Canada Shipping Act, 2001, SC 2001, c 26, and its regulations. Section 3 of the Small Vessel Regulations, SOR/2010-91 states that all pleasure craft must carry safety equipment. The prescribed safety equipment set out in the Small Vessel Regulations includes the following:

Every person on board must have an approved Personal Flotation Device (PFD) or lifejacket of the appropriate size;

A buoyant heaving line, at least 15 metres (49 feet) long;

A sound signalling device, such as a whistle or horn;

Navigation lights if the boat is operated after sunset, before sunrise, or in periods of restricted visibility;

A manual propelling device, like a paddle or oar, or an anchor with at least 15 metres of cable, rope, or chain;

A bailer or manual bilge pump; and

A fire extinguisher, the type and size of which depend on the boat’s features.

The type of propulsion and the size of the boat may determine any additional equipment required.

Importance of Boating Licence

Operating a powered boat without proper documentation is illegal in Ontario and could incur heavy fines. Boaters can ensure they understand safe boating practices by enrolling in a boating safety course and securing their own boating licence. This also decreases the risks associated with their activity, including the risk of incurring penalties.

Have You Been Injured in a Boating Accident in Ontario?

Oatley Vigmond has been consistently ranked among the top ten personal injury law firms in Ontario by Canadian Lawyer Magazine. We specialize in boating accident claims. Our experienced team includes boating accident injury lawyers and is here to help you navigate complex legal waters, ensuring that you receive the compensation and care you deserve. We understand the nuances of Ontario’s boating laws and the devastating impact an accident can have on you and your health. That’s why we are dedicated to handling every aspect of your claim so you can focus on recovering.

“Navigating the aftermath of a watercraft accident can be overwhelming,” says Adam Little, a partner at Oatley Vigmond. “Our dedicated team understands the unique challenges associated with boating accidents and is committed to helping you recover the compensation you deserve for your injuries and financial losses.”

Can You Drink on a Boat in Ontario?

According to a report by the Canadian Red Cross, alcohol is a factor in at least 38% of water-related fatalities of individuals over 15 years of age. Drinking too much, combined with exposure to environmental stresses like sun, wind, and heat, can compromise your balance, judgment, concentration, and other cognitive functions. 

Laws regarding alcohol consumption on boats aim to prevent accidents and ensure everyone’s safety on the water. Boaters have an obligation to remain aware and comply with these laws in order to remain safe on Ontario lakes and rivers. Ignoring these laws could have serious legal and personal repercussions. 

In Ontario, rules regarding alcohol consumption aboard boats are quite specific. This area is governed by the provincial Liquor Licence Act, RSO 1990, c L.19 and by its General Regulation, RRO 1990, Reg 718. 

Section 31(2) of the Liquor Licence Act states that no person shall have or consume liquor in any place other than a residence or a “private place” as defined in the regulations. Section 3 of the General Regulation defines a “private place” as including a boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, while the boat is at anchor or is secured to the dock or land. In other words, even passengers cannot consume alcohol while on a boat unless the boat meets these very specific requirements.

Section 320.14 of Canada’s Criminal Code, RSC 1985 c C-46 sets out that operating a boat while under the influence is illegal. The legal limit for blood alcohol concentration (BAC) on vessels is the same as in motor vehicles – 80 mg per 100 millilitres (0.08%). Overstepping this limit can lead to severe legal consequences, not unlike those faced by intoxicated drivers on the road.

Ontario Alcohol and Boating Laws

Section 32 of the Liquor Licence Act prohibits open containers of alcohol on a boat while it is in motion, similar to the regulations concerning motor vehicles. 

These laws aims to prevent accidents and enhance safety on the water by limiting the impairment of passengers and, most critically, the operator.

Enforcement and Penalties

Ontario police officers, such as the Ontario Provincial Police (OPP) have the legal power to stop and search boats for compliance with alcohol regulations. They may board your vessel to verify a Pleasure Craft Operator Card (PCOC), ask for identification documents, inspect for alcohol or illegal substances, and potentially apply stiff penalties if any are found violating the law.

The penalties for boating under the influence mirror those for driving under the influence:

1st offence: Minimum fine of $1,000.

2nd offence: Minimum fine of $1,000 and minimum 30 days imprisonment; and

3rd offence: Minimum fine of $1,000 and minimum 120 days imprisonment.

Moreover, convictions can lead to the suspension of both boating and driving licences and may require participation in Ontario’s Ignition Interlock Program.

Transport of Alcohol on a Boat

Although alcohol may legally be transported on board a vessel, it must either be in a container that is unopened with an unbroken seal, or packed in baggage that is fastened closed or is not otherwise readily available to any person in the boat to minimize consumption while underway.

Alcohol, Fishing, and Cannabis Regulations

Passengers who wish to drink while fishing on a boat may do so under strict regulations as previously outlined. 

Since legalizing cannabis in 2018 under Bill C-45, boating regulations regarding cannabis consumption have become similar to alcohol consumption – it is prohibited while moving, and boaters may be subject to drug recognition evaluations by enforcement officers. The applicable statute is the Cannabis Control Act, 2017, SO 2017, c 26, Sched 1 and its General Regulation, O Reg 30/18.

What is the First Action Required After a Boating Accident?

After any boating accident, the initial and foremost priority is ensuring everyone’s safety. This involves:

Checking for Injuries: Immediately check yourself and all passengers for injuries. Provide first aid where necessary and call for medical help if the injuries are severe.

Reporting the Accident: If the accident involves injuries, disappearance of any person under circumstances that indicate death or injury, or causes property damage exceeding $2,000, it must be reported to the police. For less severe accidents, you still might need to file a report with local authorities or Transport Canada, depending on the circumstances.

Securing the Scene: If possible, move the boat to a safe location to prevent further damage or accidents. Use flares, lights, or flags to signal your position if needed.

What Steps Must Be Taken by Operators Who Are Involved in a Boating Accident in Canada?

Operators involved in boating accidents in Canada have certain legal responsibilities under both the Canada Shipping Act, 2001, and its Collision Regulations, CRC, c 1416. Operators must take the following steps:

Stop and Render Aid: After any accident, operators must stop their vessel immediately and render assistance to anyone injured or threatened, provided it can be done without endangering themselves or other passengers onboard.

Report the Accident: 

Injury or Death: Any incident which results in injury requiring medical treatment beyond first aid, or which leads to death must be reported immediately to both local law enforcement authorities and, where applicable, Canadian Coast Guard personnel.

Property Damage: Any accident with property damage exceeding $2,000 should be reported to the nearest police.

Disappearance: The disappearance of a person from a vessel under circumstances that indicate death or injury must also be reported.

Information Exchange: Operators should give their names, addresses, and vessel identification numbers to any party involved in an accident, including witnesses.

File a Written Report: In cases involving death, disappearance, injury thresholds exceeding certain thresholds, or damage exceeding specific amounts, an official written report must be filed with either Transport Canada or local law enforcement as specified by regulations.

Keep the Scene Intact: Wherever possible, operators should strive to preserve the accident scene for investigation purposes by not moving their vessel unless necessary for safety or to assist those in danger.

Summary of the Linda O’Leary Boat Collision Case

In August 2019, a tragic boat collision occurred on Lake Joseph, north of Toronto, involving Linda O’Leary, wife of celebrity businessman Kevin O’Leary. Linda O’Leary was operating the boat after a dinner party, and she was designated as the sober driver with her husband and a friend on board. They collided with another vessel, a Nautique, around 11:30 p.m., which was engaged in a stargazing excursion. This second boat, which had its lights off at the time of the collision, was being helmed by Richard Ruh.

The collision had severe consequences, resulting in the deaths of two passengers from the Nautique, Gary Poltash and Suzana Brito, and injuries to others. The case raised critical questions about boating safety, the use of lights at night, and operator responsibility.

During the trial, a key issue was whether the Nautique’s lights were on, with the defence arguing they were off, making the boat virtually invisible. Justice Richard Humphrey, referencing security video evidence, concluded that the Nautique’s lights were indeed off at the time of the incident.

Richard Ruh later pleaded guilty to failing to exhibit a stern light on the vessel, acknowledging the boat was not properly lit. Meanwhile, Linda O’Leary faced charges of careless operation of a vessel. The court also explored whether alcohol influenced the accident. Although a police officer testified that Linda O’Leary had a detectable level of alcohol in her breath after the accident, there was insufficient evidence to prove impairment or that she consumed alcohol before the collision.

Ultimately, Justice Humphrey ruled that prosecutors failed to prove Linda O’Leary operated the boat without due care and attention or reasonable consideration for others. He dismissed the charges, citing a lack of evidence that the speed of O’Leary’s boat was inappropriate under the circumstances or that she should have anticipated an unlit vessel on the water.

Real World Example: Teen Loses Leg in Boating Accident 

$1.1 Million Settlement

Our client was a young high school student out for a day of boating with family and friends. He was intending on wakeboarding and was in the water holding onto a swim platform at the rear of a powerboat.

The driver of the boat was aware that he was in the water behind the boat. Nevertheless, the driver put the boat into reverse and accelerated at a high rate of speed. The teen was dragged under the boat, and his left foot was drawn into the propeller.