Corner Brook Boat Accident Lawyers

If you’re familiar with Newfoundland and Labrador, you may have heard the phrase “west coast, best coast”, specifically in reference to the beautiful sights around the western part of the province. Corner Brook, and its waterways are no exception. At the mouth of Humbar River is the Port of Corner Brook, a hub for various vessels, including cruise ships, fishing boats, and oil tankers. Recreational boating is also immensely popular and interwoven with the city’s culture.

Unfortunately, boating accidents that occur in the waters near Corner Brook can have devastating consequences, both physically and financially. Whether the incident happened offshore or on an inland body of water, victims often face medical bills, insurance complications, and long recovery times.

If you or someone you love has been injured in a boating accident, a boat accident lawyer can help you understand your rights, how to navigate the next steps, and assist you in your fight for compensation. At NOVA Injury Law, we offer free consultations to help victims explore their legal options without any pressure. Our law firm is here to handle the legal concerns so you can focus on what matters most: your recovery.

Causes of Boating Accidents

Operator Negligence

Many boating accidents are caused by the poor judgement of the operator. This can include excessive speeding, sharp turns near others, failure to watch for swimmers, or simply not knowing how to handle a vessel.

Inexperience and negligence often go hand-in-hand, especially if someone is operating a boat for the first time, or doing so in unfamiliar waters. In these cases, the law may hold the operator fully responsible for the injuries they have caused.

Substance Use on the Water

Mixing alcohol or drugs while boating is not only dangerous, it’s illegal. Much the same as driving while intoxicated on land, impaired boating is a leading cause of serious injuries and fatalities on the water. The same laws that apply to drink driving also apply to boat operators, and penalties can include criminal charges and loss of insurance coverage.

Intoxicated operators are almost always deemed to be at-fault for any accidents they are involved in. Injured victims may be able to pursue additional punitive damages due to the reckless nature of the conduct, on top of seeking typical compensation for their injuries.

Types of Maritime Accidents

Collisions and Crashes

Boat versus boat collisions are the most common type of recreational boating accidents. When determining which party is at fault in these situations, investigators and courts look at whether either operator violated marine navigation rules or operated the vessel unsafely or negligently. Both parties may share fault, but if one boater clearly acted carelessly, it is likely that they will bear most of the responsibility. These typically happen when:

One boat cuts across another’s path;
A vessel suddenly turns without warning; or
One operator fails to keep a proper lookout or misjudges distance.

Boat versus fixed object collisions usually involve only one vessel striking a stationary object, such as a dock or a buoy. In these cases, the operator is usually presumed to be at fault unless they can prove that something unexpected occurred, such as an unlit obstruction. These crashes are often caused by:

Speeding in low-visibility conditions;
Operator inattention; or
Poor weather judgement or navigation errors.

Jet Ski Accidents

Accidents involving small personal watercrafts such as jet skis differ from larger vessel incidents in a few key ways, especially when it comes to liability and safety laws:

Higher risk of reckless use → Jet skis are small, fast, and highly maneuverable. This makes them more prone to sharp turns, stunts, and high-speed operation. Combined with the lack of protection offered to its riders, this increases the chance of collisions and injuries.
Operator inexperience → Among tourists or occasional users with little training, jet skis are a favourite to rent or borrow; but this lack of experience can lead to serious errors in judgement. The owner of a vessel retains responsibility for the jet ski and its passengers, even if they allow a younger or otherwise inexperienced rider to operate it; meaning that jet ski owners may be found negligent and liable if they fail to ensure the rider using it is not doing so with proper care.
Rental company liability → If the jet ski was rented out, rather than privately owned, the company may share liability. Rental companies have a duty to properly instruct those operating the vessel and adequately assess the renter’s experience. If their failure to do so resulted in injury, the rental company may be liable; especially if the rider’s inexperience created a foreseeable risk of harm.
Closer proximity to pedestrians or swimmers → Jet skis tend to operate closer to shorelines, docks, and swimming areas. Accordingly, accidents often involve direct contact with people in the water, leading to higher rates of injury or even wrongful death.

Filing a Maritime or Injury Claim

Maritime claims follow distinct legal rules, particularly when it comes to liability and limitation periods. If you were injured in a boating accident, prompt legal advice is essential to evaluate where your claim fits and to ensure the correct filing deadlines, liability frameworks, and jurisdiction are applied.

During your free case evaluation, our team boating accident lawyers at NOVA Injury Law will go over all of the above and work to help you make informed decisions about your claim.

Understanding Maritime Claims

When an accident takes place on open waters, it may fall under federal maritime law, not provincial personal injury law. A maritime claim arises when injuries occur on navigable waters and is sufficiently connected to maritime activities like navigation, transport, or seafaring. Unlike land-based personal injury claims that fall under Newfoundland and Labrador tort law, maritime claims are governed by federal maritime law, including the Marine Liability Act. These laws apply to a wide range of maritime incidents: cruise ships, commercial vessels, fishing boats, and more.

A key distinction from stand personal injury claims lies in the “integral connection” test, which determines whether federal maritime law or provincial tort law should govern a claim. Popular activities that typically fall under federal law include whale-watching tours, use of jet skis away from shore, and boat excursions. In contrast, injuries occurring onshore or in non-navigational contexts such as injuries on docks or on the beach, are usually addressed under provincial law.

Compensation and Settlements

Filing an injury claim after a boating accident involves several key steps, and knowing when to settle or pursue litigation can make a major difference in the compensation you receive.

When injured, your first priority should always be your health. Get treatment right away and keep records of all medical visits and expenses; take photos of your injuries, damaged property, and the scene of the accident if possible.

Next, report the accident to the relevant authorities and your own insurance provider, if applicable. Consult a lawyer to avoid delays and missed deadlines. Your lawyer will also prepare and submit a formal injury claim to the at-fault party’s insurance company that outlines your injuries, their liability, and the damages you’re seeking.

Settlement vs. Litigation: What’s Right for You?

As settlements are typically faster, less stressful, and cost less than going to court, most claims are resolved through negotiation. During negotiations, your lawyer will advocate on your behalf to reach a fair settlement with the insurer. Settlements are ideal when liability is clearcut, the insurer is cooperative, and the offer is reflective of your damages.
Lawsuits can result in higher awards, but they involve longer timelines and more legal fees. Litigation should only be considered when the insurer denies your claim, disputes who is at fault, or offers an unreasonably low settlement.

Tourists and Shoreline Incidents

Corner Brook draws thousands of tourists every year, especially during the warmer months when visitors come to explore the Bay of Islands or hop aboard local ships to go out to sea for whale watching tours. As more people take to the water, boating accidents involving out-of-province or international visitors become more common; but these cases are also more legally complex.

Non-Resident Victims

When tourists are injured on the water or on the shores, their cases can raise unique legal questions. Depending on the circumstances, either federal maritime law or provincial negligence laws may apply. Some factors that affect jurisdiction and liability include:

Whether the tourist is a Canadian citizen or from outside the country;
If a liability waiver was signed, and whether it’s legally enforceable;
Whether the boat operator was properly licensed;
Whether the incident occurred out to sea, close to shore, or on a beach; and
Whether the incident occurred due to the fault of a third-party, such as a cruise ship passenger injured due to the negligence of a cruise ship worker while docked.

Role of the Boat Operator

Operator Responsibility

The person operating the boat or vessel plays a critical role in ensuring passenger safety. Whether they’re a private individual hosting friends or family, or working in a commercial role providing tours, operators have a legal duty to exercise caution, follow regulations, and act reasonably under the circumstances.

If an operator acts recklessly or negligently as described above, they can be held liable for any resulting injuries to their passengers or other victims. This same standard is held for tour companies or rental outfits if they fail to train staff or maintain their vessels properly. Proving liability starts with showing that the operator failed to meet their duty of care that they owed you and the public; and that’s exactly where our legal team can step in to help.

Choosing the Right Boat Accident Lawyer

Getting Legal Support

Choosing a law firm that understands the complexities of both personal injury and maritime law can make all the difference. At NOVA Injury Law, we’re not just here to fill out forms, we’re here to fight for your compensation. Our team of experienced boat accident lawyers know how to handle these cases from all angles, whether it involves a local lake incident or an offshore commercial collision.

With a free consultation, you can speak with us directly, no strings attached. Our legal team will help weigh your options, estimate the value of your claim, and recommend the approach that maximizes your compensation while minimizing unnecessary delays. Whether you settle or go to court, the goal is always the same: to protect your rights and secure what you’re rightfully owed.

Contact Our Corner Brook Boat Accident Lawyers Today

Out on the water, a boating accident can happen in seconds, but the effects can last a lifetime. At NOVA Injury Law, our team understands how overwhelming it can feel to juggle insurance obligations, legal deadlines, and medical expenses while actively recovering from your injuries. It’s important to know you don’t have to go it alone.

We encourage all victims hurt from a boat accident in Corner Brook or anywhere else in Newfoundland and Labrador to reach out for a free consultation. Our compassionate lawyers will listen as you describe your specific situation, and then work with you to consider all your potential options and your desired outcome.

Don’t wait to seek out legal advice; filing deadlines can come on fast and depending on the circumstances, you may have less than a year to file your claim with the court before you risk your legal rights expiring. Contact (709) 499-4050 or info@novainjurylaw.com today to arrange your free case evaluation. The sooner you reach out, the sooner we can help.