How do I Prove Liability in a Boating Accident?
What we do when we determine whether or not a person is liable for a boating accident is that we gather the facts, we talk to the relatives and witnesses, and we apply that to the various statutes and rules of Maritime Law and of navigation. Under Maritime Law, there is a presumption that if a person violates a statute, that person has to prove, in a court of law, that not only did the violation not cause the accident, but could not have been a cause of the accident.
Our firm’s experience with that burden, which is known as the Pennsylvania Rule, it carries through many of our cases. Any time there is a recreational collision, or a run over, or a personal watercraft accident, we pour over the various different applicable rules and statutes in an effort to identify if there is a violation. This, more often than not, allows us to determine fault, and seek justice and the appropriate compensation for our clients.