Ontario’s boating season brings tours, lake cruises and charters and what Canadian doesn’t love the water! But when mismanagement or equipment failures cause harm, you may have legal recourse.
There are usually two types of claims:
Occupiers’ Liability Act: for unsafe premises (docks, embarkation platforms, vessel interiors).
Negligence: for vessel operation, crew training, passenger safety protocols or equipment maintenance.
Common Scenarios
There are many situations that can cause injury while on the water and enjoying the use of boats, the following are some common scenarios:
- Boarding accidents involving slippery or poorly maintained docks.
- Injuries from malfunctioning equipment (propellers, doors, gas leak explosions).
- Water falls, drowning or hypothermia when life jackets weren’t provided or enforced.
- Inadequate safety briefing or lack of warnings regarding onboard hazards.
- Operator negligence, it is easy to get caught up in the fun of the waves. But like any other vehicle, you are NOT to consume alcohol or other recreational substances and operate a boat. It is a CRIMINAL OFFENCE!
Another common boating injury is a traumatic brain injury, also known as a TBI or concussion. These can be caused by collisions or falls, and can lead to long-term impairments including headaches, sensitivity to light and sound, and cognitive difficulties.
High-impact boating accidents can lead to serious spinal cord injuries, and even low-impact boating accidents can have long term implications on your health.
Liability Factors
- Was there negligence in maintaining or operating docking structures or vessel equipment?
- Did the operator breach standard duties, such as crew training or safety equipment provision?
- Were waivers or disclaimers signed? Ontario courts may enforce them if properly worded, but they do not protect against gross negligence or intentional harm.
Action Steps
- Seek immediate medical care and retain documentation.
- Photograph the location, boat signage, equipment, staff presence.
- Obtain witness and crew contact information.
- Retain any boarding documents, tickets or disclaimer forms.
- Report the incident to the operator in writing promptly.
Deadlines
- Two-year limitation to commence litigation.
- Insurance carriers typically respond quickly, even if liability is disputed.
Value of Good Counsel
A lawyer can determine whether liability rests with the boat operator, marina, tour company or equipment manufacturer, examine waiver enforceability, assess comparative negligence, and help negotiate fair compensation.
Please contact JRJ LAW at 1 (844) DIAL JRJ and a member of our team will be happy to help!