Wisconsin’s lakes and rivers attract boaters year-round, but accidents still happen. When they do, injured people often wonder who is legally responsible. Wisconsin law allows more than one party to be at fault, depending on what caused the boating accident and whether safety rules were broken.
The Boat Operator
In many boating accidents, the person driving the boat is responsible. Wisconsin law says boat operators must follow boating rules, speed limits, and safety laws. If the operator is careless, they can be held accountable.
Many boating accidents in the Appleton and Green Bay area happen because the operator is distracted, speeding, or not paying close attention. Alcohol use is another common issue. Operating a boat while impaired is illegal in Wisconsin and puts everyone at risk. Operators can also be responsible if required safety equipment, like life jackets or navigation lights, is missing or not working, especially when injuries result.
The Boat Owner
Sometimes the person who owns the boat is not the one driving it. Even so, the owner can still be held responsible. Boat owners are expected to keep their boats safe for use.
If an owner lets someone inexperienced or unsafe drive the boat, they can be held responsible. This includes letting someone operate the boat who drinks a lot or does not follow safety rules.
Boat owners can also be held responsible if they fail to maintain the boat. Problems such as broken steering, engine trouble, or missing safety gear can cause accidents. If poor maintenance leads to an accident, the owner may be at fault.
Manufacturers and Rental Companies
Boat accidents are not always caused by the person driving the boat or by the person who owns the boat. Sometimes parts of the boat can break or stop working. When this happens, the company that manufactured the vessel or the part may be held accountable.
For example, a bad engine, a broken steering system, or a fuel problem can make a boat dangerous. If the problem happened because the boat or part was made incorrectly, the manufacturer could be at fault.
Boat rental companies can also be responsible for accidents. They are supposed to check their boats and keep them safe. They also need to explain basic safety rules. If a rental company does not do these things, it may be responsible for injuries that happen.
Shared Fault and Wisconsin Law
Wisconsin has a comparative fault system. When more than one party shares responsibility for a boating accident, each of them may be required to pay for any injured person’s losses. If someone is found partially at fault, any compensation they’re awarded may be reduced in proportion to their fault. However, they may still obtain compensation if they are not more than 50% responsible for the accident. Determining fault requires careful investigation and unmistakable evidence.
A skilled lawyer will review accident reports, witness statements, and physical evidence. They will identify every responsible party and explain how Wisconsin law applies to the situation.
How Legal Guidance Helps After a Boat Accident
After a serious boating accident in Appleton or Green Bay, questions can feel overwhelming. Our law firm will investigate the accident, identify responsible parties, pursue recovery for medical bills, lost income, and other losses, handle insurers and opposing counsel, and prepare each case for trial.
At Peterson, Berk & Cross, S.C., our attorneys bring over 150 years of combined experience and hold a range of respected certifications. We pride ourselves on being accessible and on getting great results for our clients. We take a team approach that keeps clients informed at every stage. When answers matter, contact our law firm to discuss your situation and learn your options.