Fishing Trips And Civil Suits: When Fishing Boat Captains And Crews Are Negligent
If you are bitten by a dog, civil laws allow for filing suit against a negligent owner. Upon being bitten by a fish, can you sue the captain of a fishing boat? Don't scoff at such a question. Certain fish are dangerous and the captain and crew of a charter or party boat do have responsibilities to protect their clients. Anyone who is injured on a fishing boat should set up a meeting with a personal injury lawyer to discuss a civil suit.
Informing Passengers of Safety Risks
Certain types of fishing trips come with inherent risks. Customers should have a reasonable expectation of those risks. Upon chartering a shark fishing excursion, you should realize these predators of the deep present risks not likely with smaller, less aggressive species.
That said, the captain and crew should let passengers know of specific hazards they might not be aware of. For example, not informing you that setting the drag too tight increases the risk of the line snapping. Imagine if a large shark created a massive amount of pressure on the line and then the line snapped. The released pressure then ends up sending you falling backwards causing a back injury or worse.
A case for negligence could potentially be made here.
Responding When An Unforeseen Danger Arises
Sometimes, danger arrives out of the proverbial blue and crews should be ready to respond accordingly.
Let's say you hooked a three-foot baby tiger shark while fishing for benign quarry such as a striped bass. The shark ends up biting your arm causing a life-threatening gash requiring an emergency return trip to shore. In the aftermath of the event, questions could be raised about the actions of the crew.
- Prior to the trip, did the crew know of any sharks in the vicinity of the striped bass? Were passengers aboard the ship warned about the presence of sharks?
- Did the crew notice the hooked shark prior to it being brought into the boat and take necessary precautions?
- Once the shark was in the boat, did the crew immediately tell those fishing to steer clear until it was safely and properly controlled and secured?
Effective and Safe Management of the Boat
A crew cannot take a laissez-faire attitude towards the safety of people on the boat. Ensuring the deck is free of slip and fall hazards, enforcing alcohol consumption policies, and preventing horseplay on the boat are all common responsibilities.
At any point the crew is derelict in its duty and someone is injured, civil action may be taken. Talk to your local lawyer, such as Kirkpatrick & Zeitz, for more information.
