Injured In A Boating Accident

By Kevin Souch

Given that Ontario has over 250,000 lakes, it is no surprise that many people spend their summers on the water. Whether they are relishing in the thrill of motor boating or paddling a canoe through the backcountry, Ontarians love their lakes.

However, the privilege of spending recreation time on the water comes with responsibility and awareness of the dangers involved. According to the Lifesaving Society, approximately 20% of all water-related fatalities in Ontario are boating accidents. Here are some quick facts to help you stay safe this summer.

Pleasure Craft Operator Card (PCOC)

If you want to operate a motorized boat in Canada, you need proof of competency. A PCOC is the most common form. You can obtain these through My Boat Card’s website.

Wear Your Life Jacket

Most boating accidents that resulted in drowning were situations where someone was not wearing a properly fitted life jacket (or PFD).

This is the single most important piece of safety equipment you have. Even if you feel that you are a strong swimmer, life jackets can protect you from drowning due to cold water shock, exhaustion, and head injuries.

Children should always wear a PFD when on board a boat. This gives adults a good reason to wear PFDs as well – children are more likely to follow what their parents do. Nearly all drowning fatalities in young children occur because adults were distracted or not paying attention.

Boating and Alcohol Do Not Mix

Approximately 1 in 3 drowning deaths from boating activities involve the consumption of alcohol or drugs.

It is legal to consume alcohol onboard a boat if the boat is anchored or secured to a dock and has:

1. Permanent cooking facilities.
2. Permanent sleeping facilities.
3. A permanent toilet.

As there is no difference in Ontario between drunk driving and drunk boating, you can have your driver’s license suspended if you are convicted of Boating Under the Influence, which is a criminal charge. If your Blood Alcohol Concentration (BAC) is over 80mg or 0.08%, you are too intoxicated to legally operate a boat. Similar restrictions apply to the consumption of cannabis.

Boating Accidents

Even if you are not under the influence of drugs or alcohol while operating a boat, you can still be held liable for injuries or death resulting from reckless behaviour.

In Woodbury v Woodbury, 2021 ONSC 8620, the Ontario Superior Court of Justice held a father liable for $1,000,000 in damages. The father was towing Nash and another child behind the boat on a tube, which swung out and collided with another boat. Nash suffered a catastrophic brain injury.

Boating accidents fall under the Marine Liability Act, which currently limits most personal injury claims to $1,500,000 ($1,000,000 at the time of the Woodbury decision) combined for every claimant involved in the accident. If the operator was deemed to have been acting recklessly or willfully it is possible to recover more than this amount.

Best Practices for Boating Safety

• Ensure everyone on board wears a well-fitted PFD.
• Have a designated sober driver to operate the boat.
• Designate at least one person to watch the children.
• Take an appropriate course in boating safety before operating a motorboat or paddling a canoe through whitewater.
• Put together a pre-departure checklist to ensure that you do not forget anything before heading out on the water.
• Avoid operating the boat at excessive speeds or in a reckless manner.
• Keep your eyes open for surrounding obstacles and changing weather conditions.
• Familiarize yourself with the body of water you are on. Make sure you are aware of dangers, such as sandbars, rocks, or breakwaters.

What To Do After a Boating Accident

• Report the incident to the local police.
• Document everything right away, including getting photos and video of the incident.
• Get witness information, including names and contact information of other boat operators or anyone who saw the accident.
• Seek medical attention early and keep all medical records.
• Contact a Personal Injury lawyer.

If you have been injured in a boating accident, contact an experienced Personal Injury lawyer like those at Sorbara Law for a FREE NO OBLIGATION CONSULTATION. ksouch@sorbaralaw.com or call at 519-741-8010

Authored by Kevin Souch and summer law student Phillip Psutka