Articles Posted in Boating Accidents

In a recent case before a Georgia appeals court, the court considered whether children’s exposure to a traumatic boating accident was sufficient to recover emotional damages.

The Facts of the Case

According to the court’s opinion, a family rented a boat while they were vacationing at Lake Burton in Rabun County, Georgia. They took the boat out on the lake, and when the uncle made a turn, the boat hit its own wake and water spilled into the bow of the boat, where the children were seated. One of the children, who was seven years old, either jumped from the boat or was washed from the boat. The uncle put the boat in reverse, and after he stopped the engine, realized that the seven-year-old was missing, and found him entangled in the propeller. The child died as a result of his injuries. The boy’s parents, as well as the children in the boat, filed a claim against the boat manufacturer and others for negligence.

The court considered the plaintiffs’ claims as claims for negligent infliction of emotional distress. The boat manufacturer moved to dismiss the claims, and after its motion was denied, appealed to the Georgia court of appeals. The issue before the court of appeals was whether water swamping a boat may constitute a sufficient physical impact under Georgia’s impact rule.

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Injured in a Boating Accident? McAleer Law Can Help

When you are searching for boating accident lawyers in Georgia, we are one of the top firms in the state to represent cases involving Lake Lanier boating accidents. When you have been injured, we know that you need help. Paying for medical care, losing time away from work and the stress involved with being injured can tap all of your resources. With summer fast approaching, it’s important to know who to turn to if you have been injured in a boating accident throughout Georgia.
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Summer activities are once again kicking off at full force in Georgia. Over the past couple of months, thousands of Georgians have enjoyed walk off wins at Turner Field, thrilling rides at Six Flags over Georgia, adventurous and refreshing weekends at White Water theme park, and fun-filled fishing excursions along the Chattahoochee river. Nevertheless, as the days get longer, and the temperatures continue to rise, families will begin to search for cooler, and more relaxing, alternatives.

Between tubing, wake boarding, water skiing, fishing, boating, and swimming, Georgia’s beautiful lakes offer countless fun and relaxing, family oriented activities to counter the heat. While all of these activities are incredibly entertaining and enjoyable, they should be pursued with extreme caution and awareness – especially with regard to boating.

Take Lake Lanier, for example. Since 2010, Georgia’s Lake Lanier has seen 16 deaths caused by boating accidents. That is more boating deaths recorded than in the previous 10 years combined. Additionally, as tragic fatalities increase, so do BUI (Boating Under the Influence) tickets. In 2012, Lake Lanier rangers issued 56 BUI tickets, which was up by more than 50% over 2011.

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A jury has found Yamaha responsible for a 2005 Wave Runner accident that killed a 14-year old girl and injured her best friend. The jury awarded $19 million to the parents of the young woman that was killed and $16 million to the injured friend.

It was determined that Yamaha Motor Corp. USA failed to correct steering problems with the watercraft and subsequently failed to warn people of the hazards created by the failure.

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