Accidents are preventable! This statement holds true in almost every situation and also aboard charter boats. As a plaintiff's lawyer, my job is to undertake a detailed analysis of the facts through litigation, utilizing discovery techniques afforded by the Rules of Procedure, to determine what could have or should have been done by the defendant to avoid or prevent injury. I focus on the human element of the accident. As a defense counsel, my job is to marshal the evidence, insure its accuracy and to slant the evidence in favor of the defendant. The defense counsel also should obtain and present evidence as to what the plaintiff or third?parties did or failed to do to cause the injury.

In the context of charter operations, certain basic facts routinely exist in favor of an injured plaintiff. First, charter boat owners, operators and crews are experienced in vessel operations and generally hold superior knowledge to their customer concerning both the vessel's condition and the vessel's operations. This superior knowledge is why passengers and customers pay for your services and look to you to handle and instruct them through virtually all of the details of a charter expedition. The superior knowledge of the captain and crew, and the passenger?for?hire relationship, places charter boat owners and operators under a duty to exercise reasonable care under the circumstances. As a practical matter, this heightened knowledge concerning the vessel and its operations at sea often means that you owe your passenger a greater responsibility to prevent him from injury than he owes himself. Furthermore, the large percentage of cases and claims appear to relate to elderly (retiree), frail, inexperienced or minor passengers. In these cases, the differences in knowledge of vessel and fishing activities and the superior knowledge of the charter boat operators is generally greater as are the anticipated sympathies of the fact finder or jury.

Human elements are involved in most accidents. Those human elements can be described by litigants as mistakes or errors in judgment. A review of the cases and claims reveal common mistakes that can lead to costly consequences:

1. Failure to keep proper lookout
2. Failure to proceed at a safe speed
3. Failure to follow the rules of the road
4. Creating large wakes
5. Failure to keep, maintain and utilize proper lights, shapes or sound equipment
6. Failure to inspect your vessel for defective conditions on a routine basis
7. Failure to repair, maintain and keep the vessel in a reasonably fit condition for anticipated voyages
8. Failure to use radar, Loran or GPS or functions within those devices to insure proper navigation of the vessel
9. Failure to observe weather forecasts
10. Unreasonable decisions to proceed with vessel operations despite forecasted or anticipated adverse weather conditions
11. Failure to warn passengers of the anticipated movements or shiftings of the vessel;
12. Failure to use non-skid products
13. Failure to adequately crew the vessel by both quantity and quality of crew
14. Failure to warn passengers of known dangerous conditions
15. Failure to keep the deck and fishing areas clean and clear
16. Failure to instruct passengers concerning their safe conduct of activities aboard the vessel and on the use of safety and lifesaving devices

Good Luck and Safe Boating!