An inexperienced driver had taken the wheel of the boat. After making a hard turn, the viewer was thrown against the boat, breaking his arm. Can he sue the boat driver? Personal injury lawyers Greg Fellerman and Ed Ciarimboli offer advice.
Dave Kuharchik: For today’s edition of “The Law & You,” we’re talking about a boat. Let’s bring in attorneys Greg Fellerman and Ed Ciarimboli from Fellerman and Ciarimboli in Kingston. Gentlemen, good to see you during the boating season here.
Greg Fellerman: Thanks for having us.
Dave: Let’s get to the question, it says, “I was a passenger on a boat out on the lake and the guy driving obviously didn’t have experience. It wasn’t the owner of the boat. He made a hard turn to avoid somebody else and I got thrown against the side of the boat and busted up my arm. My insurance isn’t covering the medical cost so I want to know if I can sue the guy who was driving?” What’s the deal with this one?
Greg Fellerman: Well, I am a boat owner, so it’s important for anybody operating a boat to know the rules of the lake and how to operate the boat safely. In this situation, what you may have is a case against the owner of the boat letting someone drive the boat who doesn’t have the proper experience. It would almost be a negligent entrustment issue where you’re letting someone who doesn’t have the skill or the proper license to operate a boat. The answer is yes, he can definitely take action against the boat owner. He would probably have to sue the driver to.
Ed Ciarimboli: What you want to do at this point, to make sure you’re doing everything you need to do, is to put you in a good position for this type of case. Ultimately, get your medical bills paid and, if you’re losing any time from work, make sure your lost wages are taken care of. Make sure you have good documentation, make sure you keep track of all the money you’ve spent for your medical bills, anything out of pocket, and your lost wages. As you move forward, there are going to be things you can recover against the person who was negligent for driving that particular boat. Obviously during the boating season, this is something we commonly see because the lakes are pact, and there’s a lot of people out there. Before you step onto the boat, make sure the person driving the boat, one has insurance and two has experience driving the boat. As Greg said, if somebody is getting onto a boat and they don’t have experience driving that boat, you’re putting your life at risk and everyone else in that boat’s life at risk.
Dave: Alright, attorneys Greg Fellerman and Ed Ciarimboli, if more viewers need help from you, how should they get a hold of you?
Greg: They should get a hold of us at our web-site at 714hurt.com or call us on the phone at 570-714-4878.
Ed: And also, if anyone has another “Law & You” question, if they want one answered, like us on our Facebook page, post your question, and on our next segment of “The Law & You” we’ll try our best to have that question answered for you.
Dave: Attorneys Greg Fellerman and Ed Ciarimboli thank you so much for being here, we’ll see you again tomorrow.
Greg and Ed: Thanks, Dave
The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.