Appliance Warranties
We have all heard the horror stories of building new houses or remodeling existing homes. With that being said, I have been remodeling my home. It hasn’t been all smooth sailing, but it hasn’t been terrible. I’ve had some snags with my appliances which leads me to this week’s article.
Most appliances come with a manufacturer’s warranty that typically lasts for a specific time frame, such as one year or longer. These warranties typically cover the cost of parts and labor necessary to repair defects that occur under normal use and conditions.
The coverage provided by appliance warranties varies depending on the manufacturer and the specific terms of the warranty. Generally, warranties cover defects in materials or workmanship that affect the performance of the appliance. Warranties do not cover the natural wear and tear that occurs with the regular use of an appliance, such as a light bulb.
Trying to fix it yourself can void the warranty. You should rely on authorized service centers or technicians approved by the manufacturer to ensure the warranty remains valid. Most repair services will advertise if they can service appliances under warranty. I like to do business where the seller can do the service.
Reach out to the manufacturer’s customer service or the authorized service center to report the problem, confirm in writing and keep the letter or email. Provide them with detailed information about the issue, such as the symptoms and any error codes.
Depending on the warranty terms, the manufacturer may send a technician to inspect and repair the appliance or direct you to an unauthorized service center.
Always document each communication, including date, name of customer service representative, and any service reports or invoices. Written records can be valuable in case of a dispute or further issues and can prove notice of an issue during the warranty period. This can also extend the warranty period. That hurt their case unnecessarily. Reach out to a personal injury lawyer.
Proper Planning Prevents Problems
That’s what my Dad said and my Dad was right. One issue that we have seen repeated for over 30 years needs to be addressed and that is property or assets held by financial institutions.
Certainly, a Will reflects the final wishes of a person made when they were living. It’s easy to think in terms of dividing property between spouses and children. Things become a little more complicated when we want to give a specific gift such as a ring but again that’s really not difficult. We all know and agree that a Will saves your family a lot of money and a lot of time. A Will makes things easy.
What people don’t generally realize is that many different types of assets are not controlled by the terms of a Will.
If you want all of your monetary assets to be divided equally between your children and you put that in your Will that’s fine. What happens in real life is that a parent will put one child on the account and the account will say that the survivor gets the account. The people at the bank don’t explain that to you but it’s always in the fine print because they will not be drug into an argument about whose money it is. The fact is you’ve really given the money in that account to the one child on the account. Most of the time children know the intent of their parents and do the right thing, but when they don’t, it causes hard feelings.
Life Insurance policies will have a beneficiary. If your main asset is a policy of insurance, whoever you name as the beneficiary receives the insurance proceeds. Those proceeds will not be divided according to the terms of your Will. You can make a policy of insurance payable to your estate and then it is divided according to the terms of the Will, but only if you name your estate as the beneficiary.
The point is that when you think about dividing your property, proper planning for those assets held by banks and insurance companies require separate, proper planning.
Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112
Q: My husband and I have a child together and we currently do not have a Will, or any person declared to be our child’s legal guardian should we both perish. What would happen to our child if we passed away before we write a Will? Also, any advice on selecting a guardian for him?
A: The court is always going to have the ultimate say about where the child is placed and who looks after their money. If you choose someone who robs a bank or molests a child, the court will prevent that person from acting as a guardian of the child or as a conservator of their money. If you don’t choose anyone, the court will.
It would save a lot of money and time to appoint or designate the person you would like to become the guardian and custodian of a minor child. Unfortunately, but frequently, monetary concerns override the true desire to parent a child. What I mean by that is all too frequently people will fight to take care of a child so that they can get the social security check or other funds that the child is entitled to.
A Will is not and shouldn’t be expensive. Before I started practicing law, I worked for a very large firm that had lots of wealthy clients. At that time, the tax laws were different, and a good estate plan was well worth paying for. Congress saw fit to change the law in 1986 and allow estates to pass to the heirs tax free as long as certain requirements were met including the size of the estate. Since that time, the size of the estate that is allowed to pass tax free has grown to over twelve million dollars and that amount currently goes up every year.
I think it’s safe to say that if you have an estate that is going to have tax problems then you have probably met someone who can solve them, such as a CPA or tax lawyer.
It’s always a good idea to have a Will that relieves the guardian or conservator of the expense of having a continuing bond that is going to be paid for out of the child’s money. A wise choice stated in a Will will be followed and it helps everyone follow the wishes of the parents when their wishes are made known in a valid Will.
Negotiation, Mediation, Arbitration Or Trial
No insurance company will pay money without proof that money is owed. This is especially true in personal injury cases where documentation of medical expenses, injuries, lost wages and other claims is required. Unless the claim is documented, the claim will not be paid.
Your attorney should know the value of the case after becoming thoroughly familiar with the injuries and medical documents that prove these injuries. A demand letter containing the information needed for an insurance company to evaluate a claim adds to the value of a claim. This letter should address why the other party is at fault and the damages.
At this point negotiation can take place to settle the case. The majority of cases are settled after documentation is obtained and received by the insurance company. This includes documentation of how the bills were paid, whether it was Blue Cross Blue Shield, Medicare, Medicaid or if they were not paid. If the case is filed for trial, most cases are still negotiated for settlement.
Those cases that can’t settle are often ordered to mediation by the court. Mediation is an opportunity for all the parties to be present with a mediator who can help the parties reach an enforceable resolution. We mediate a lot of cases. The mediator does not have the authority to decide the case absent an agreement between the parties.
If a case is not settled it is then referred over for a trial. A trial will resolve the issues one way or the other. Outcomes at trial can be good, bad or indifferent. It is that uncertainty that truly promotes settlement through negotiation or mediation. A trial means that a judge decides what law applies and the jury decides what the facts of the case are and then applies the law to the facts to render a decision known as a verdict, stated in dollars, or for the defendant.
Certain types of contracts contain agreements not to go to court but to instead arbitrate. Automobile purchase contracts almost always contain an agreement to arbitrate. These agreements are enforced by the court. During arbitration both parties present evidence that is generally admissible but under a more relaxed evidentiary standard and the arbitrator makes the final decision. Arbitration decisions are generally not reviewable by the courts.
Buckle up, drive safely and as always your referrals are appreciated! 256-764-0112
Offers Of Settlement in Workers Compensation Cases
The usual course of events in an on-the-job injury case begins with an injury and ends with the court approval of a monetary settlement. In between those two events are medical treatment, recovery and often dissatisfaction.
Workers comp does not pay for loss of enjoyment of life. That means if you enjoyed watching your children play sports and you can’t sit in the bleachers for long anymore, you don’t get any money for that. If you liked to bowl but you can’t, you don’t get any money for that.
If you have the loss of ability to earn and the injury is to a hip, neck, shoulder or back, the legal evaluation of your case takes into account your loss of physical abilities and how that affects your ability to go back to your usual occupation. If you used to earn $20 an hour but now the best job you can do pays $10 an hour you might have a loss of earnings of 50%. It could very well be that if you only work 20 hours a week, a court could find that you are permanently and totally disabled, even though you could work part-time.
Injured workers often get letters offering a sum of money. These offers are typically based on a physical impairment. These impairments are determined a physician using a book written by the American Medical Association and adopted by the State of Alabama. This book addresses losses suffered by people who undergo certain surgeries. An example is a neck fusion. No one really regains the full range of motion they had before a fusion and this book states percentages that address the impairment.
Don’t accept these offers as true or honest. The courts are in no way bound by the physical impairment ratings given by the workers compensation doctor. In a recent case the employer had offered a settlement based on 4% valued at $1,953.60 but based on other factors, including some further testing which documented the injured employee’s difficulties, the judge in that case awarded $29,304, which is 60%.
Remember that the judge who hears your case will make a decision based upon all the evidence, including its own observations, and must interpret the evidence, to its best judgment. The court is not bound to accept a physician’s assigned impairment rating. Judges can’t and won’t just make up numbers without evidence. A good workers compensation attorney can tell you whether an offer is fair.
Buckle up, drive safely, wash your and as always, your referrals are appreciated!
How Much Is My Personal Injury Case Worth?
When you’re injured in an accident, your time is taken. Usually, that means getting the proper medical care and time off work you need to heal. When it comes to personal injury cases, many people are unsure of how to go about getting these bills paid. Not only will they be getting medical bills from the hospitals, but being out of work makes even your regular bills hard to pay. Just like every car accident is different, so is every personal injury case. Here are the factors that will be taken into consideration when determining your compensation.
Medical Bills
Medical expenses such as hospital stays and doctor visits cost money, and depending on the severity of the injury, you could be left with bills that are far beyond what you can manage to pay. Your medical bills should be paid for by your medical insurance, not the negligent party’s insurance. That comes later! Future medical expenses that are reasonably certain can be calculated into your amount of compensation.
Lost Wages
People who are injured often can not work. If you miss work, you miss income. The amount of income you lost overall due to the injury will be included in your personal injury case.
Property Damage
If you are in an accident due to the negligence of another driver, you should be entitled to compensation for property damage for your vehicle. We don’t charge for property damage, and the sad reality is that the value for vehicles is fairly easily established and not easily changed.
Other Damages
Non-economic damages can be difficult to calculate. Damages such as pain and suffering related to the accident you were involved in must be considered. Often it takes a jury to decide how much compensation you should receive. Punitive damages can be awarded in cases where a defendant acts with reckless disregard. That might include driving while intoxicated or driving at a high rate of speed.
While the insurance companies will be looking out for their own best interests, you should have an attorney looking out for yours. A good personal injury attorney can help you obtain the maximum compensation for your injuries.
Buckle up, drive safely and as always, your referrals are appreciated! 256-764-0112
Single? No Kids? Who Will Handle Your Estate Planning?
We write a lot of wills for veterans and other first responders such as police officers, fire fighters, and paramedics. We do this as a community service and most lawyers do some work for the community pro bono (free).
I’ve always enjoyed talking to people about how to resolve estate issues. There are a lot of solutions that lawyers learn in law school and as they practice law. Usually, a lawyer can come up with a solution to problems that people have. There are a certain number of solutions that the law provides for in estate planning.
Single people without children often don’t know who will handle their estate. They want someone trustworthy, and they worry about honesty and reliability.
You can also go to the American Bar Association website (americanbar.org) and search for “estate planning info and FAQs.”
Years ago, I represented an estate where a teacher who taught in the Florence City School System for over 40 years tried to save money by typing her own will. She named a financial institution as her executor, but that financial institution went out of business. The successor corporation (the one that took its place) charged the estate eight (8) percent. It was extremely expensive, and two of her three children were teachers and the other an engineer. All well qualified. It cost a lot of money because she tried to save a little money.
A financial planner can handle your affairs. An attorney can handle your affairs. As a hard and fast rule this law firm would not act as an executor of an estate other than in some exceptional circumstances.
Think about trustworthy friends or extended family. Maybe the person who handles your estate is your best friend. And if you’re both getting older, maybe it could be your best friend’s child. Sometimes people have such strained relationships with their children that it just makes more sense to name someone else to handle their affairs after they are gone.
Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112
You Can Fight City Hall
Claims against city governments are different than claims against a person or a private business. Governments in general have a different set of laws that apply to how and when they are liable for damages they cause. Kings created a system of settling disputes but when they did so, they limited claims against the kings. This idea is known in modern legal parlance as sovereign immunity.
In Alabama, personal injury claims have to be filed within two years from the date of the incident causing the injury. Certainly, there are exceptions for minors and other causes of action like fraud that may not be discovered on the date that the incident actually occurred. Nonetheless, for personal injury claims against a city, those claims must be presented within six months.
Not only is the time period reduced drastically, but the manner in which the claim is filed can be complicated. Typically, a claim has to be filed in affidavit form – meaning under oath before a notary. That written claim has to be filed with the city clerk.
A recent case out of Birmingham, Alabama went sideways for a person who claimed to be injured when they used the form provided by the City of Birmingham and mailed it to the address on the form. The Birmingham City Attorney acknowledged receipt of the claim.
The circuit court later dismissed the case because the city argued that it wasn’t properly addressed to serve the mayor or the city clerk as required by the Code of Alabama.
The Court of Civil Appeals reversed the Circuit Court because it said that mailing the claim form provided by the city to the address provided by the city would prevent the city from later arguing that it wasn’t properly filed. The city attorney acknowledged receipt within the time allowed by law. The court held that a person was entitled to rely upon the forms and addresses supplied by the city.
Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112
Buying and Selling Used Cars
A bank or other lending institution will keep the title to an automobile until it is paid off.
In Alabama the only way to have a valid security interest in a motor vehicle is by a notation on the title.
Don’t buy a car without seeing a clear title. You might consider going to the place holding the title and paying them directly for the car with the balance going to the owner who gives you a bill of sale. If you don’t know who has the title, don’t buy the car.
If you sell a car you need to realize that what you say about the car can become part of the bargain. Representations about the car such as “it’s never been wrecked” can come back to haunt you if it turns out the car has been wrecked. Even if you didn’t know it had.
If you tell someone this is “a really good car” and it doesn’t get them home, they can sue you and they might win. If you intend for there to be no further entanglements with the car, use the phrase “no warranty expressed or implied – as is where is”.
Include the make, model, year, and VIN of the vehicle on the bill of sale. Both people need to sign the bill of sale. Make sure you have either a way to make a copy or a photograph of the bill of sale, which when it contains language regarding the warranty or lack thereof, becomes a contract. Keep the copy or print the photo.
If you really want to seal the deal, you can add that the buyer has had an opportunity to inspect the car or have the car inspected and they are satisfied with its condition. Writing and signing goes a long way both morally and legally. If you buy a car without a warranty, consider having a mechanic inspect the car.
Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112
Conversations Lawyers Have
People ask lawyers about problems they have. Frequently those questions include what can they recover when something goes wrong. A great example is Everett v. Ragan, a 25-year-old case where a professional bounty hunter “Big Mo” Everett alleged that his car had been negligently repaired and wouldn’t run and as a result he claimed compensatory damages for his inability to apprehend a fugitive. The Court said that was not a reasonably foreseeable damage as the result of a negligent auto repair and denied the claim.
The idea is that a harm must be reasonably foreseeable. The opposite result was reached when a trucking company packed their trailer with tall windows on the sides with boxes of gloves in the middle to keep the windows from falling. When the boxes of gloves were unpacked and the next worker came in, the windows fell on a worker and injured him. The Court held it was foreseeable that when the boxes of gloves were removed, what they were supporting would fall and the claim was allowed.
If your boat won’t start because you have a bad battery, you might be able to have your battery replaced under warranty. But you’re not going to get any money for the fishing tournament you think you would have won.
This all goes back to some pretty old cases dealing with what is foreseeable and what’s not. In one of the original opinions the Court discussed that if a car ran a stop sign and caused an accident that the damages to the people inside the car were foreseeable and compensable, but if a lady some blocks away dropped a baby when she heard the wreck, those injuries would not be proximately caused by the car running the stop sign.
One of the most interesting ideas is the “rescue doctrine.” The law recognizes that “danger invites rescue.” A famous judge (Judge Cardozo) observed that the law does not ignore one’s reaction to rescue when confronted with danger, placing it “within the range of natural and probable.” “The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.”
Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112
What’s The Right Amount of Pay For Worker’s Compensation?
The first part of worker’s compensation that most people see is 2/3 of their average weekly wage. The average weekly wage is based on the 52 weeks prior to the injury as reported on a W2 form and that includes contributions by the employee to 401K and health insurance that the employer pays for the injured worker.
Let’s say you were a school bus driver injured on the job. Over the past 52 weeks, you have been working for the same employer driving to basketball games and football games in addition to your regular workday that you were paid for, then whatever the average of your last 52 weeks of earnings is how you would calculate your average weekly wage.
This sum of money is not taxable. It’s not really defined as wages and so it’s not subject to the claims of creditors other than for child support. It’s subject to a minimum and maximum amount per week. No social security is paid on worker’s comp which means that someone who’s totally incapacitated at an early will never draw social security.
Temporary total disability is paid to someone who is hurt and recovering. It stops when the doctor, chosen by the employer, decides that the injured worker has reached MMI which is maximum medical improvement. Often workers never know that their weekly payments are going to stop, and that sudden loss of income can provide an opportunity for the employer to settle the case for less than it’s worth. It happens all the time.
People who know us or are recommended to us will stop by with settlement offers. Any good worker’s compensation lawyer should be able to evaluate the offer and tell the injured worker whether they can add value to the case or whether the offer is reasonably fair. This should be done at no charge.
If you ever get a letter like this, come by and see us.
Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112
Traffic Stop
I have always emphasized to people in general that arguing with a police officer on the
side of the road is the wrong thing to do.
It’s always better to be calm, composed, and polite. In the last five years things have
really changed that in now you are on camera and being recorded during the entire police
encounter.
If you begin moving about the car or making quick motions, reaching into a glovebox or
under your seat, the officer can justify feeling unsafe and ask you out of the car for a “pat down”.
You have the right to remain silent and conversation doesn’t really help. If they tell you
to get out of the car, you should step out of the car. If they feel unsafe and want to pat you down,
don’t resist, as you will only end up on the ground and then cuffed and stuffed.
I think the real idea here is that you are being recorded and you should verbalize what’s
going on. By that I mean you should probably say “I am not resisting”. This is a casting call and
you are on camera. It’s fairly common for people to later say, look, I didn’t resist but when the
officer characterizes your attitude differently that creates a problem. If you are calmly saying out
loud I am complying, I am not resisting, the video and the recording look and sound better.
After you are out of the car, police officers will often say something like “you don’t mind
if I search your car?”. This is where you have to speak up. “I do not consent to you searching
my car” would be the proper thing to say. If you’re silent, court cases have held that that silence
can be interpreted as consent.
The takeaway here is to always remember there as a recording of the stop and it’s always
better to handle these things after the event in court where calmer heads can solve the problem.
Common Problem
This week I spoke with a very nice gentleman who was disappointed with my opinion of
his case. He felt as if the legal system was in some way broken. It’s not, but it’s the way it is for
a reason.
Here’s what we’re talking about. This gentleman had worked in a well-respected
industry and was living off of his social security. He had a wreck that was not his fault. Money
was tight and he did not go to the hospital or a doctor. He did not go to a chiropractor or a nurse
practitioner. He toughed it out for over a year. He cut back on his activities and struggled to
make himself comfortable. After 14 months he sees a doctor for the first time and gets an MRI. The gentleman then discovers that he has a herniated disc.
I believe the man is telling the truth. He had no medical history prior to the accident
because he didn’t go to the doctor. If he had seen a doctor on a regular basis for yearly check-
ups, we would know that he probably had a good back or at least he hadn’t complained about it.
I tried a case in Huntsville for a very nice lady whose first complaint of shoulder pain
was four months after the accident. She didn’t complain about her shoulder to the ambulance
crew or to the emergency room. She didn’t mention it to her doctor nine days after the accident.
She had shoulder surgery, and I valued that case between $65,000.00 and $75,000.00 for a
variety of reasons personal to her case such as how likable she was, how provably honest she
was and the poor result she got from the surgery. The jury gave me $6,500.00. Not $65,000.00.
When I interviewed the jury after the trial, they felt that because she was so active with no
complaints for four months, she could have injured her shoulder in one of the many activities she
engaged in.
The legal reality is that a doctor has to say that the accident more likely than not or
“probably” caused the injury that you are seeking compensation for. We’ve seen cases where
people believe their cancer came out of remission or they’re concerned that perhaps their ability
to reproduce has been compromised. Without a doctor’s opinion, you don’t win. Without
documentation of treatment, your case isn’t what it would have been. If you’re not hurt, don’t
say you are. If you are hurt, go tell the doctor.
WAR STORIES WITH A PURPOSE
Lawyers tend to tell stories that contain a lesson. A bunch of lawyers talking can be
entertaining. After having practiced law for 35 years, I have a few of the stories of my own.
Thirty years ago, I represented a very nice guy who had a child by a previous marriage.
During the pregnancy the parties did not get along and shortly after the child was born they
divorced. After that the two grandmothers meaning the mothers of the man and wife got
together and decided it would be better for their children if they just went their separate ways.
These two ladies decided it would be best for their children to get a fresh start. They decided the
father would not come around to see the child and the wife would forego the $50 a week she was
due in court ordered child support. The plan worked well and both people remarried happily and
had other children except for one small problem, which became a big problem.
About 14 years later, the child of the previous marriage decided she wanted to meet her
daddy. And after quickly seeing how well her brothers were treated with 4-wheelers, mini-bikes,
and trails to ride, she demanded her own 4-wheeler and her biological father declined. Within a
month he had been sued for the child support he hadn’t paid, which was about $27,000 and an
additional $40,000 in interest. He didn’t have the money and the court could not help him
because the court did not approve the agreement that the parties entered into. Without court
approval that agreement wasn’t valid. The judge couldn’t help, and the judgment was entered. I
took that case to federal court and argued that although child support can’t be discharged in
bankruptcy, the interest should be. I found a few cases throughout the United States to support
my position and I mean very few cases.
The federal judge declined to offer any relief and my client, a very nice guy, got hit with
a judgment he didn’t expect and couldn’t pay. The lesson is that if you enter into an agreement
about child support it has to be ratified by the court which is more than just mailing a letter to the
judge. The court has to enter an order approving the change.
Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112
GAP INSURANCE vs COLLISION INSURANCE
We are seeing a decline in coverage that people buy for their own protection. I suspect
advertisements which invite people to buy coverage that fits them really means buying the least
coverage they can and hoping for the best. Hope is not a strategy.
That being said, we see more and more minimum limits policies at a time when we see
higher and higher medical bills for injury related treatment. There are a lot of reasons for that,
including medical providers dealing with auto insurance companies rather than health insurance
companies to seek higher reimbursement.
We see are people who often have collision coverage that pays ACV (actual cash value).
ACV has nothing to do with what you owe for your car. Collision coverage covers your car if it’s
damaged in a collision with another automobile whether it’s your fault, their fault or nobody can
decide whose fault. Collision coverage pays actual cash value. If you did not make a good deal
for your car or your financing is expensive, this coverage will not pay you what you owe.
Let’s face facts, a car is not a good investment. I know. There are coverages offered
called “gap coverage” or “gap insurance” and this type of coverage will cover the “gap” between
what someone owes on their car and the car’s actual cash value in the event of an accident. The
idea here is that with longer financing at higher rates, cars depreciate (lose value) faster than the
amount owed is decreased. When people ask us about gap coverage, think about the age of the
car, the length of the financing and the actual cash value.
Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112
WHAT NOW?
In every other state except Alabama, compensatory damages are allowed to be awarded by a jury, if proven. In other words, if a nurse is killed by a drunk driver, and the nurse has a lifetime earning expectancy of a million dollars, juries in other states can consider that in making an award to his or her children, but not in Alabama.
Alabama will not allow a jury to consider compensatory damages such as past earnings or earning capacity in death cases.
Alabama has a procedure that calls for a circuit court after a jury verdict to review the amount awarded and consider several factors such as the conduct of the person who caused the death. The court considers their financial condition to prevent a company from being put out of business and the likelihood of preventing similar conduct in the future.
Circuit court judges are directed to consider reducing the judgment in a procedure known as remittitur, but not allowed to increase a jury award through additur, as in some other states.
In really big cases Joel and I will hear defense lawyers grump around and say that the largest death verdict ever affirmed by the Alabama Supreme Court is around seven million dollars. That’s an old case and we always talk about inflation because that’s relevant and the case they are referring to is about 15 years old.
Now the legislature wants to protect big trucking companies even more.
Now, lobbyists for trucking associations and insurance companies seek to limit damages to $1,000,000, devaluing human life to a shocking extent. It’s disheartening that while we advocate for protecting the life of the unborn, our state considers placing the top value on death at $1,000,000. Can such compensation ever be just for families enduring an avoidable loss? It’s crucial to voice opposition to this legislation by contacting our state senators and representatives, Tim Melson, Larry Stutts, Ben Harrison, Phillip Pettus, Kerry Underwood, Jamie Kiel, and Ernie Yarborough to affirm the value of human life.
RULES OF THE ROAD FOR BOATS
Boats, like vehicles, have rules that govern their operation as well as regulations that require specific safety equipment on each vessel.
There are rules for boats that are different than that of cars. An example is Alabama statute §33-5-25 which imposes a legal duty on the operator of any boat involved in an accident to render to render assistance as necessary to save others affected by the accident from the danger caused by the accident and to give his or her name and the identification of their boat to any person injured.
The operator of an automobile is not under a legal duty to render aid to someone injured in an accident. Obviously, moral obligations exist and should never be ignored. There are Good Samaritan laws that shield people from liability who attempt to render aid but if you don’t know first aid you may cause more harm than good. That’s different than saving someone in the water because the very “first aid” may be that of getting them where first aid may be performed safely.
Other than sailboats, rowboats or canoes, a boater’s safety course and a test are required to be certified to operate a boat. The boat has to be registered in the name of the person who owns the boat. The rules and regulations for the safe operation of a boat deal with right of way among other issues. Drivers of automobiles have red lights, green lights, stop signs and markings on the road to indicate the right of way.
In a boat, the right of way changes based on the type of boat being operated and the type of boat that is either yielding or has the right of way. Commercial barges have the right of way. They can’t stop in half a mile. Sailboats typically have the right of way because they are limited in the direction they can travel given the wind conditions existing at the time. Power boats in overtaking or passing other power boats have rules that dictate the correct side to pass or overtake as well as certain horn signals which can or must be given.
As someone who loves boating, the best advice that I can give is to keep a proper look out. That’s a duty imposed by law but it’s also common sense when you are on the water.
