ABSTRACT

This chapter provides members of the legal profession information about three categories of aquatic accidents that are often involved in a suit alleging gross negligence. Each of these categories often involves several contributing and mitigating factors when evaluating the level of negligence involved. As Americans have more leisure time to devote to water activities and as they have more disposable income resulting from an improving economy, boating will gain popularity. In addition, there is a growing trend of bigger and more powerful boats. Alcohol is the most important cause of serious boating accidents and is arguably the most preventable. In more than one-third of boating accidents, a driver or captain who is under the influence of alcohol is a key contributing factor. Oxygen toxicity is usually a problem only to deep divers who go below 135 feet. Like nitrogen, the body absorbs extra oxygen under increased underwater pressure as well.