PEI Boat Accident Lawyers

Prince Edward Island offers stunning harbours and coastlines, a rich boating and maritime culture, and a healthy stream of tourists excited to get on the water. Locals frequently head out for recreation, work, and the PEI Boating Festival. But any time spent on or by the water brings with it the risk of a serious boating accident. If you’ve been hurt in a boat accident, the dedicated team at NOVA Injury Law is ready and willing to support you in your fight for compensation.

From your first free consultation, our boat accident lawyers in PEI can help you understand what legally caused the accident and the next steps you should take. We’ll review your case and explain the legal options available to you, all with no obligations or hidden contingency fees. Through negotiations with insurers, to drafting legal documents and proceeding to civil court if necessary, the legal team at NOVA Injury Law is there for you every step of the way.

Common Causes of Boating Accidents

Many boating accidents on PEI waters could have been prevented if not for the careless vessel operating of the at-fault parties. Frequently, accidents are caused by:

Operator inexperience, particularly among recreational boaters unfamiliar with navigation rules, including tourists and those who only boat seasonally;
Speeding, especially in narrow inlets, when close to the shore, or while visibility is poor;
Intoxicated operation of the vessel due to alcohol or drug use; and
Otherwise careless operation, such as ignoring no-wake zones, cutting across the travel path of other vessels, or maneuvering without keeping a proper lookout.

These factors are not just dangerous, they also may violate boating laws and regulations, and significantly increase the operator’s liability. In any case where negligence or illegal behaviour contributed to the incident, the operator is highly likely to be found at-fault for the accident, and injured victims may be eligible to seek compensation for their related-injuries.

Operator Negligence and Legal Responsibility

In boating accident claims, operators are held to high safety standards. This is why an operator’s behaviour must be closely investigated after an accident while determinations of fault are being made. If an operator was careless and failed to control their vessel responsibly, they may be found legally negligent.

Proving careless operation often involves collecting evidence that clearly shows the operator was inconsiderate of the safety of their passengers and others on the water. Possible evidence includes:

Eyewitness accounts;
Photographs or videos of the scene or the accident itself;
GPS data from the vessels involved; or
Expert analysis of vessel movement and damage patterns.

Especially if both parties are denying liability and assigning blame to each other, a thorough investigation is often the key to correctly identifying responsibility and building a successful claim. At NOVA Injury Law, we can handle the investigation for you and ensure the wrongful party is liable for their harmful actions.

Types of Maritime Incidents

Not all boating accidents look the same. Waterways in PEI are filled with many different types of vessels and watercrafts. Accidents on the water can happen under a wide variety of circumstances, especially in heavy traffic areas. Some of the most common types of maritime incidents include:

Collisions between recreational boats;
Jet ski or other personal watercraft accidents;
Multi-vessel incidents;
Falls overboard; and
Propeller-related injuries.

Every case is different and has its own distinct legal implications depending on how and where the accident happened, who was involved, and what type of vessel was in use. Maritime incidents may also be governed by different laws depending on whether the boat was used commercially or recreationally, whether the incident happened close to the shores of PEI or in deeper ocean waters, and whether provincial or federal legislation applies.

Accidents Involving Tourists or Nearshore Activity

With PEI’s thriving tourism industry, picturesque waterways, and beautiful beaches, many boating incidents involve tourists visiting from other provinces or outside the country. These cases often involve added legal challenges, including:

Conflict of laws → if there is debate with respect to whether the waterway the accident occurred in is navigable or not, it may be unclear if federal maritime law, provincial statutes, or both should apply; navigating this interplay can be complex, especially for tourists accustomed to a different legal system.
Jurisdictional hurdles → if the defendant is a non-resident, PEI courts require the plaintiff to establish a “real and substantial connection” between the dispute and PEI.
Rental-specific issues → non-locals often rent watercrafts during their time in PEI, and rely on rental companies correctly explaining the rules of navigation and safety. If that guidance is missing or incorrect, liability may shift to the rental provider.

For those unfamiliar with local laws, having legal representation based in Prince Edward Island is essential. At NOVA Injury Law, our local boat accident lawyers have the knowledge and experience to navigate these complex cases and help injured tourists fully understand and protect their legal rights.

Pursuing Compensation Through Maritime Claims

When a boating accident happens on open or navigable waters, it may fall under federal maritime law, such as the Marine Liability Act rather than PEI’s provincial tort laws. This is especially common with accidents involving commercial offshore vessels.

A maritime claim may apply if:

The incident was up to 200 nautical miles offshore;
A commercial or chartered vessel was involved;
An individual, such as a passenger, crew-member, or operator, was injured on that ship, including while performing work-related duties; or
The incident stemmed from a shipping-related collision or equipment failure.

These claims may involve multiple parties and are often more complex than a standard boating injury claim. Under maritime law, owners and operators of vessels may limit their legal liability depending on the size of their boat; lowering the amount of damages they have to pay out. However, if it can be proven that the operator acted recklessly or with intent to cause harm, these liability limits may not apply.

If you’re unsure whether your accident qualifies as a maritime claim, it’s essential that you seek legal guidance quickly. When there’s a possibility that liability will be limited, the amount of compensation you can recover for your injuries may suffer.

During your free case evaluation, our boat accident lawyers can assess the circumstances of your specific case and advise how to protect your right to compensation under the appropriate legal framework.

Jet Ski Accidents and Legal Considerations

From freshwater lakes to scenic saltwater rides along the coast, jet skis and other small pleasure crafts are popular all over PEI. Unfortunately, jet ski accidents are common, especially among inexperienced or unlicensed riders, and may result in serious injuries.

These incidents differ from larger boat crashes in a few important ways:

Jet skis are faster and easier to maneuver, increasing the risk of losing control;
Riders are less protected and more exposed, often resulting in severe direct-impact injuries;
Their small size increases the likelihood of being missed due to the oversight of other boat operators; and
Jet-skis may be considered “high-risk watercrafts”, and some insurance polices may accordingly provide limited coverage, or none at all.

Personal Injury and Property Damage Claims

Boating accidents often lead to serious injuries with long-term physical, emotional, and financial consequences. Injured victims may be entitled to pursue compensation by starting an injury claim with the at-fault party’s insurance company for a wide range of losses, including:

Medical bills, rehabilitation costs, and ongoing treatments;
Property damage to your boat, equipment, or personal items;
Lost wages or loss of future earning potential if you’re unable to return to work long-term; and
Pain and suffering, both physically and psychologically.

While most claims begin with the initial goal of resolving your injury case through negotiations and a fair settlement, not every discussion reaches agreement. If the insurance company denies responsibility or offers an unfair amount, filing a lawsuit may be necessary to recover compensation that accurately reflects the damage caused by the accident; but it may be associated with increased wait times or larger legal fees.

Having experienced legal representation is critical in these moments. At NOVA Injury Law, we evaluate each claim on its own merits, explain your legal options clearly, and help you decide whether litigation is the right step forward. Our priority is to maximize your compensation and protect your rights throughout the entire process.

Understanding Liability for Boating Employees

Employees injured on the job, such as deckhands, tour boat crew members, and marina workers, may have different rights than recreational passengers or those injured on private vessels.

In PEI, coverage for workers compensation is mandatory in most industries, leaving many employees able to apply for compensation under this system. However, it is important to note that fishing is explicitly listed as an excluded occupation and industry from this mandatory coverage under PEI’s provincial Workers Compensation Act. Commercial fishers may only seek workers compensation if they or their employer opted for the voluntary coverage.

However, all workers may be eligible to file a civil claim for damages if the accident was a result of someone else’s negligence or unsafe actions. Depending on how far out to sea the accident was, this may be under the provincial legislation, or maritime law through the Marine Liability Act. Special protections exist under this act for employees like those in the fishing industry not covered by no-fault compensation schemes. These protections leave employees in this category generally exempt from the liability limits that apply to other maritime claims.

If you’re confused about which forms of compensation may be applicable to you, contact us today for a free case review.

Free Legal Support From PEI Boat Accident Lawyers

Dealing with an accident is stressful, especially if you’ve been injured and are juggling insurance and legal issues on your own. When it comes to relieving pressure, you want a law firm that’s dedicated to supporting victims from the very first step. From initiating your claim all the way to its resolution, we’re here for you.

At NOVA Injury Law, we understand the stress and uncertainty that follows an accident. That’s why we offer a free, no-obligation consultation to help you get started. Our boat accident lawyers carefully review your case, evaluate its potential, and provide the guidance you need to make informed, confident decisions right from the beginning. Let us step in to manage your case, handle communication with insurers and opposing counsel, negotiate on your behalf, and represent you in court during your fight for fair compensation.

Contact PEI Boat Accident Lawyers Today

If you’ve been injured in a boating accident on or off the coast of Prince Edward Island, don’t delay in seeking legal guidance. Strict time limits may apply, and in some cases, you may have as little as one year from the date of the accident to take legal action. Missing this deadline can jeopardize your right to fair compensation.

At NOVA Injury Law, we’re proud to serve clients across PEI, providing legal strategies informed by our experience in both personal injury and maritime law. Our dedicated team delivers personalized legal support to individuals and families affected by boating accidents across the island.

Reach out today by phone at (902) 800-6208 or email us at info@novainjurylaw.com to book your free consultation. Let us advocate for you so you can focus on your recovery, knowing your case is in compassionate and capable hands.