With the summer months approaching some of you may have the opportunity for some boating. I was fortunate that when I was 10 back in 1966 my father, who was from the Visalia area of California, purchased a ski boat. He was a very brilliant guy, and a great athlete, but a very poor swimmer. He had no experience with boats. On weekends he would pack up the family and we would head out into the San Francisco Bay, and sometimes all the way out well into the ocean toward the Farallon Islands. We had no radio, and no cell phones in those days. I think we had life jackets, but very little consideration was given to safety towards potential boating injuries. I sometimes wonder how we all survived those times. We didn’t wear seatbelts in cars or helmets on bikes either back then!
Times have really changed. There are now boating safety courses, boating license procedures, safety inspections and generally a lot more information about how to stay safe on the water.
I still love and enjoy boating in all its forms. In addition to a few close calls myself over the years, as a lawyer I’ve handled a number of unfortunate boating accidents resulting in tragedy.
In Northern California we have all kinds of opportunities for fun on the water, from rivers to lakes, the Delta, the San Francisco Bay and coastal waters. Opportunities abound for everything from windsurfers, kayaks, jet skis and Wave Runners, power boats, cabin cruisers and sail boats.
There are a number of excellent sites available that discuss boating safety, but some of the basics include the following:
- Making sure the boat is in excellent mechanical condition before heading out.
- Making sure all occupants of the boat understand their role and basic safety procedures.
- Making sure basic safety equipment is on board including life jackets, safety flares and communication devices, a paddle, a boat hook, an anchor, a bailing device as well as a fire extinguisher.
- A sober boat captain is also critical. The captain is ultimately responsible for all on board and there are many things to understand about boat operation and safety.
There are rules of the road on waterways, just as there are on streets and highways. Know them. Do not permit unsafe behavior of any occupant of the boat, which would include excessive drugs or drinking or other behaviors that can result in injury such as sitting up on the bow of the boat, on the side of the boat, or standing up when underway.
Because boats don’t drive in “lanes” like cars do, boats and other operators can make unexpected maneuvers very suddenly. This is particularly true with people on jet skis who frequently make radical turns right into the path of a boat that is less maneuverable, resulting in a collision. People falling off jet skis, or skiers dropping off the line from other boats, are difficult to see in the water, and they are frequently run over by inattentive boat drivers.
Boats idling in the water or moving very slowly release carbon monoxide, and we have had cases where people have been overcome, fallen overboard and drowned as a result of carbon monoxide intoxication.
Personal watercraft may be built for more than one passenger, but the danger increases, or the danger is greater for a passenger than the operator. Passengers can get thrown if sitting on the back or crushed by the driver if sitting in front of the driver in a collision. We have also seen water intrusion injuries that are very catastrophic in connection with people in the water who are blasted by the powerful jet nozzles of a personal watercraft. Bikinis should not be worn for this reason as severe water intrusion injuries do happen. Inexperienced operators also have trouble maneuvering these craft and collide into other boats, docks, and each other, as well as people in the water, especially when they are engaging in horseplay on these high-speed, very powerful vehicles.
Intoxication is very often a factor in tragedies that occur on the water.
There are few activities that are more enjoyable than a beautiful day on the water, and attention to basic safety rules can mean the difference between a beautiful memory and a disastrous tragedy with lifelong implications. Understand the safety rules, carefully gain experience and keep everyone safe this summer!
Some examples of cases we have handled
A child sitting on the back of a inboard ski boat was overcome by carbon monoxide while the boat was cruising at five miles an hour through canals. The child fell off the back and drowned.
A young boy was killed when he was sitting in front of an adult male operating a personal watercraft that was making zigzag motions in the water. A faster overtaking boat traveling in a straight line did not anticipate the turning maneuver of the watercraft, which collided into the side of the boat at speed, crushing the young boy in front of the operator of the personal watercraft, killing him.
Two people operating personal watercraft were having a lot of fun, with one following the other. A person fell off the leading craft, and was run over by the following craft, killing him.
Two people riding too near each other on personal watercraft sideswiped each other , crushing one of the operators legs causing permanent injury.
An expert jet skier had fallen and was getting onto her jet ski when another jet ski hit her from behind, in the center of her back, paralyzing her from the waist down.
A boat ran over another skier in the water severely mangling the skier’s leg with the prop of the boat.
A boat operator was towing two skiers, one with a longer rope and one with a shorter rope. The person on the longer rope fell causing the rope to snap back and wrap around the leg of the skier
on the shorter rope. That skier fell and the rope ripped the muscles off that skier’s leg before the boat could stop.
There are many other examples of cases we have handled, but the message is, there are many ways to have a fun moment suddenly turn into an emergency situation. Stay sober, be prepared, anticipate problems, make sure everyone knows their role in keeping everyone safe. Unlike a car that drives in a lane, on the water one must pay attention to your surroundings 360 degrees, forward behind and to the sides at all times. Develop safe habits and make this summer the best ever!!
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