Halifax Boat Accident Lawyers

Halifax is home to one of Canada’s largest and deepest ice-free natural harbours in the world. Encased by a beautiful waterfront, surrounded by bustling marinas and scenic coastlines, it’s no wonder that boating is an important part of Halifax culture.

Unfortunately, boating-related activities are also dangerous. Whether you’re sailing near the Northwest Arm, jet-skiing to McNabs Island, or taking a guided tour around the harbour, accidents are more likely than you think.

A boating accident can involve collisions, capsizes, falls, or any other incident causing injury on a watercraft, including those without motors such as kayaks or sailboats.

If you’ve been injured on the water, speaking with a Halifax lawyer that specializes in boat accidents is the first step toward understanding your legal options. At NOVA Injury Law, our local lawyers are familiar with Nova Scotia’s waterways and laws. Our legal team is dedicated to our clients, and can help you determine who is at fault, what compensation you may be entitled to, and how to proceed with your claim.

Common Causes of Boating Accidents

From weekend boaters to commercial crews, Halifax waters are full of activity. But this high level of activity also brings increased risk. Many boating accidents are caused by operator error or unsafe behaviour involving substance use, speeding, or lack of training.

Impaired and Reckless Boating

Operating a conveyance while intoxicated by alcohol or drugs is not only illegal for motor vehicle drivers, but for those in control of a vessel as well. Doing so is also incredibly dangerous and careless; impaired boating frequently leads to crashes with other vessels, fixed objects, or swimmers. Careless operation, operating a vessel without proper attention or reasonable consideration for others, often leads to a finding of negligence. It can be proven through evidence like eyewitness accounts, police reports, video, or GPS tracking.

The Halifax Regional Police and the Coast Guard patrol hotspots, monitoring for signs of impaired or otherwise careless operation. When a crash occurs due to intoxication or speeding, the operator may face criminal charges and may be held liable for the injuries they caused in civil court.

Inexperienced or Untrained Operators

While renting or borrowing vessels is a common activity, many boaters lack the knowledge needed to navigate the waters safely. Operator inexperience is a leading cause of accidents, but this absence of experience is not a legal defence; operators are legally responsible for controlling their vessel safely.

An operator without proper training or licensing may be deemed negligent if their inexperience contributed to the accident. In Halifax, many avoidable boating incidents occur during the summer tourist season, when seasonal operators take to the water.

Understanding Operator Negligence

Especially in high-traffic zones, boat operators are held to a high standard of safety. Accordingly, the behavior of a vessel’s operator is crucial when determining fault in a boating accident. Liability is assigned when an operator of a vessel is found to have breached safety obligations, often through unsafe actions such as careless operation or unsafe driving.

Negligence may be shown through:

Failure to maintain proper lookout;
Ignoring speed limits in no-wake zones;
Inadequate response to changing weather conditions; or
Disregarding posted maritime rules or warnings.

If these decisions result in injuries or a crash, the operator can be held liable for damages rising out of the personal injury claim. If the operator was an employee, their employer may also be held vicariously liable.

Types of Maritime Incidents

Accidents on the water can take many forms, from mishaps with small personal watercrafts to commercial vessel collisions. Each type of maritime incident carries their own unique risks and legal implications.

Jet Ski and Small Craft Accidents

In Halifax’s recreational zones, jet skis and other small personal watercrafts are popular, especially in the summer months. But these small, fast machines pose risks that set them apart from larger recreational boats and vessels, including:

Speed and Agility → Jet skis and similar crafts are more agile and can reach high speeds quickly, making them more susceptible to collisions caused by sharp turns, inexperience, or poor visibility. Unlike larger boats, they lack features to help stability and reduce the risk of flipping or ejection.
Injury Types → As little is offered in the way of protection to the rider, jet ski accidents commonly result in direct-impact injuries, including fractures, concussions, and serious soft-tissue damage. When riding at high speeds, falls into cold waters are likely, and can cause spinal injuries or lead to hypothermia.
Insurance Coverage → Some policies may exclude coverage for high-risk watercrafts or may offer lower limits than those for larger boats, impacting the compensation available to injured parties.

Multi-Vessel Collisions

Collisions between two or more vessels are among the most serious types of boating accidents. When these collisions occur, it often triggers complex insurance investigations and legal disputes over who was at fault.

After a multi-vessel collision, each party’s insurance provider will launch an independent investigation to determine liability and assess who is entitled to compensation. Insurers will collect and compare statements to evaluate each party’s version of events; review navigation rules to determine compliance with safety procedures; look into vessel damage to reconstruct the sequence of impact and if mechanical failure was a factor; and assess if the incident if covered under their insured’s policy or if any exclusions apply.

Due to the complexity of these collisions, it is highly recommended that you seek out legal advice to avoid making mistakes that can lead to blame being wrongfully assigned to you, or the acceptance of an unfair settlement.

Boating Accidents Involving Tourists

Halifax attracts thousands of tourists each year to its waterfront for harbour tours, sea kayaking, and whale watching. As the tourism industry continues to boom, accidents involving those from other provinces or countries are an increasing concern that bring additional legal complexities, including:

Jurisdictional issues, such as whether the accident falls under provincial legislation or federal maritime law;
Cross-border claims for non-resident tourists;
Enforceability of liability waivers; and
If the operator’s license is valid or correct.

If you’re someone unfamiliar with the area, local representation is critical in these cases. At NOVA Injury Law, our Halifax-based boat accident lawyers offer the expertise needed to help navigate the jurisdictional maze and ensure that injured visitors to Nova Scotia understand their legal rights.

Pursuing a Maritime Claim

As mentioned above, some boating accidents fall outside the scope of standard provincial personal injury law. This is especially true when an incident happens farther from shore or involves a commercial vessel. In these situations, federal maritime law may apply instead.

Maritime claims are typically governed by the Marine Liability Act, and may be appropriate if the accident:

Occurred on navigable waters;
Involved a commercial or chartered vessel;
Resulted in injures to an employee during marine operations; or
Caused shipping-related damages.

Compared to regular personal injury cases, these claims may be less straightforward. Maritime claims often involve overlapping jurisdictions, multiple parties, and specific rules that differ from Nova Scotia provincial law.

Despite this, injured individuals may still be eligible for compensation for their losses. To ensure that the correct legal framework is used and proper compensation is secured, you should contact a law firm with maritime expertise. The experienced legal team at NOVA Injury Law is here to help, contact us today for a free case evaluation.

Filing an Injury Claim and Seeking Compensation

Boating accidents can result in serious injuries with lasting physical, emotional, and financial effects. Whether you were a passenger, a crew member, or the boat operator, you may be eligible to file a personal injury claim to recover compensation for a range of losses, including:

Medical expenses such as hospital bills, rehabilitation efforts and treatments, or long-term care;
Property damage to your vessel, gear, or personal belongings;
Lost income during recovery, or loss of future earning capacity if you’re left unable to return to work following your injury; and
Pain and suffering, including a reduced quality of life or loss of enjoyment in daily activities.

Navigating Injury Claims

Filing an injury claim after a boating incident typically involves:

Obtaining contact and insurance information from the involved parties;
Seeking medical treatment and documenting your injuries;
Reporting the incident to the authorities and your insurer;
Contacting a boat accident lawyer for help with beginning your claim; and
Pursuing settlement with the at-fault party’s insurer or proceeding to civil litigation.

It’s important to note that the other party’s insurer is not on your side; they may try to reduce or deny your injury claim. At NOVA Injury Law, our Halifax boat accident lawyers can assist by:

Gathering independent evidence to challenge insurance findings;
Identifying and preserving critical witness accounts and documents;
Communicating directly with insurers to ensure your rights are protected;
Fighting for liability to be fairly assigned to help you avoid being wrongfully blamed; and
Helping your pursuit of full compensation.

Lawsuit vs. Settlement

After starting an insurance claim, the goal is usually to reach a settlement through negotiations; but not all claims resolve easily. If the insurer denies liability or offers an inadequate settlement, you may be faced with a difficult decision: accept less than you deserve, or file a lawsuit to pursue full compensation through the courts.

Having a skilled boat accident lawyer by your side can make all the difference. The team at NOVA assesses every claim individually, explains your options clearly, and helps determine whether pursuing litigation is in your best interest. Our focus is on maximizing your compensation and protecting your legal rights at every stage.

When to Contact a Halifax Boat Accident Lawyer

After a serious injury on the water, dealing with insurance claims and legal procedures can feel overwhelming. Working with a lawyer who understands the complexities of boating accident cases helps make the process more manageable and improves your chances of a successful outcome.

Legal Support for Injured Workers

If you were injured while working on or around a boat, whether as a crew member, tour guide, marine technician, or ferry employee, other avenues may be applicable beyond standard personal injury claims, including workers compensation, or claims under maritime law.

Consulting a law firm helps injured employees understand their rights, and explore every available legal option and avenue for compensation.

Value of a Free Consultation

Because of legal filing deadlines and the possibility of your right to seek compensation expiring, planning your legal strategy early is vital.

At NOVA Injury Law, we understand how stressful these situations can be. That’s why we always begin with a free consultation, with no obligation or pressure to proceed further after the fact. We’ll review the details of your case, assess its strength, and help you make confident, informed decisions from the start.

Call Our Halifax Boat Accident Lawyers Today

If you or a loved one has been hurt in a boat accident in Halifax, don’t wait to act. Depending on what laws apply, the limitation period for your case may be as short as one year from the date of the incident. Once the limitation period is reached, your ability to receive compensation is at risk.

At NOVA Injury Law, our legal team approaches each case with care, focus, and commitment to detail. We’re here to provide victims with the support and guidance they need during these trying times.

Contact us today by phone at (902) 700-7668 or by email at info@novainjurylaw.com to schedule a free consultation. Let us shoulder the burdens so you can spend time healing, confident that your claim is being handled by compassionate legal professionals.