The use of water as a means of travel is almost as old as man himself. With the advance of civilization and, concomitantly, of trade and commerce, it became apparent that rules governing standards of conduct on the water were essential. Such regulations were first formulated by the Phoenicians and Egyptians; and the great body of law now known as Admiralty Law can be traced to those sources. However, the wide-spread noncommercial use of water and watercraft is so recent a development that no universal body of law governing standards of conduct has been adopted. In this area, standards derived from admiralty law, statutory law, administrative regulations, and common-law concepts of negligence are to some extent intermingled.

Boating casualties vary widely in their complexities, and require differing investigative skills and specialties. For example, the condition of a boat's fuel lines may be of extreme importance in case of a fire, but of little relevancy in a case of navigational error. Hence the nature and type of casualty involved should be ascertained at once.

The following information concerning types, causes, and frequency of various casualties, is based on official Coast Guard reports.

    Collision is the most common casualty. The sizes and types of boats appear to have no relationship to frequency, but the activity aboard the vessel at the time of collision does. Common causes, in order of frequency, are: (1) improper lookout, (2) faulty machinery, (3) excessive speed, (4) weather conditions, and (5) hazardous waters.

    Capsizing. To meet this classification a power boat must completely overturn, with its bottom becoming uppermost. A sailboat lying on its side is considered capsized. Technically, capsizing does not occur if the boat rights itself after its occupants are thrown out.Practically all boats that capsize are smaller craft, under 26 feet in length, and over 75 per cent are open boats, not cabin cruisers. About 50 per cent of capsizing occurs when the boat is cruising (proceeding normally, in the absence of drastic rudder or engine changes), or while drifting (proceeding without use of engine, oars or sails, being carried along only by tide, current or wind). The most frequent causes of capsizing are: (1) improper loading or overloading, (2) weather conditions, (3) hazardous waters, (4) faulty machinery and (5) excessive speed.

    Falls overboard resulting in injury or death are next in order of frequency, and occur most often in small boats. The usual causes are: (1) intoxication, (2) excessive speed, (3) improper loading or overloading, (4) weather conditions, (5) hazardous waters, (6) faulty hull, and (7) faulty machinery.

    Collision with a fixed object is fourth in total frequency but sixth as a cause of personal injury or fatality. The statistics indicate that this casualty may occur with any type or size boat, in any waters, and regardless of the operation at the time. It even occurs when a boat is at anchor. Frequent causes are: (1) improper lookout, (2) hazardous waters, (3) faulty machinery, (4) excessive speed, and (5) weather conditions.

If you or someone you know has been injured in a boating accident please call The Law Office of Harold D. Thompson today for a free consultation.