August 15, 2010

Recreational Boating Accidents In Georgia

Whether on a pontoon boat, bass boat, ski boat or jet ski, recreational boating is a popular activity enjoyed by millions of Georgians. However, according to the United States Coast Guard, boat accidents and boating related injuries are on the rise in lakes, rivers, and coastal waterways with over 5,000 accidents occurring each year, nationwide. The U. S. Coast Guard keeps and publishes statistics on the various causes of boating accidents. Tracking data from 2006 - 2007, the Coast Guard reported in the 2007 Recreational Boating Safety Statistics that operator inattention, careless/reckless operation, passenger/skier behavior, excessive speed, and alcohol use rank as the top five primary contributing factors in accidents. Alcohol use is the leading contributing factor in fatal boating accidents; it was listed as the leading factor in 21% of the deaths.

A boat operator and the boats owner must exercise the highest degree of care to prevent injuries to passengers, swimmers and others in the nearby water and those in any boats around them. In addition to the Atlantic Ocean, Georgia has numerous recreational bodies of water. In addition to the Chattahoochee and many other Georgia rivers, there are numerous lakes where boaters congregate: Lake Lanier, Lake Sinclair, Lake Oconee, West Point Lake and others. Our main office is located in Atlanta which is not far from any of these lakes. As a result, we have seen more than our share of boating accidents and boat related deaths. If you or a loved one have been injured in a boating accident, call the Georgia injury lawyers at Finch McCranie, LLP.

August 12, 2010

Boat Accidents: Propellor/Engine Safety Defects

If a person is injured or killed as a result of the negligent operation of a boat or as a result of a boat engine manufacturing or design defect, under Georgia law, the injured person or the family of those killed, may have the right to seek compensation and other forms of redress in a suit against the operator, seller or manufacturer of the boat.

The United States Coast Guard (USCG) estimates that in an average year, approximately 200 to 250 non-fatal injuries and an additional 25-35 deaths are reported as a result of a person being struck by the propellor and/or propulsion unit of a boat.

These cases are not as unusual as one might think. In one memorable case handled by the Georgia injury lawyers at Finch McCranie, LLP, our client was seriously injured when his outboard engine suddenly jumped from neutral into forward gear resulting in his being struck by the propellor. After notifying the manufacturer of the engine of the accident, they sent one of their experts to inspect the boat. At the time of the inspection, the boat was in the water; however, it was being supported by an overhead crane. While videotaping their expert’s inspection of the boat, we were able to document the defect when the boat, suddenly and without warning, jumped from neutral into forward gear on its own almost throwing the manufacturer’s expert into the water. In that case, the manufacturer had utilized a defective gearbox part which, when worn, allowed the boat to jump into forward gear.

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July 16, 2010

Georgia Woman Drowns At Lake Lanier - Boat Operator Charged With Boating Under The Influence

This week, The Associated Press reported that last Sunday evening a 26 year old Georgia woman drowned at Lake Lanier, just north of Atlanta. Although the boat, upon which the woman had been a passenger, had not been involved in a crash. the owner/operator of the boat was charged with boating under the influence.

Our Georgia injury lawyers have represented clients who have suffered injuries or lost loved ones in boating accidents. Some of the causes include boater error, boater inexperience, boating under the influence of drugs and/or alcohol, equipment failure, and operating in adverse weather and/or water conditions.

Georgia law states, in part, "No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device".

A boat operator and the boats owner must exercise the highest degree of care to prevent injuries to passengers, swimmers and others in the nearby water and those in any boats around them. Failure to exercise the required care can result in serious injury or the wrongful death of innocent victims. In addition to the Atlantic Ocean, Georgia has numerous recreational bodies of water. In addition to the Chattahoochee and many other Georgia rivers, there are numerous lakes where boaters congregate: Lake Lanier, Lake Sinclair, Lake Oconee, West Point Lake and others. Our main office is located in Atlanta which is not far from any of these lakes. As a result, we have seen more than our share of boating accidents and fatalities.

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