Boating Accident Lawyer Straight Talk: Boat Sinkings, Liability and Determining Causation - By: William Turley

The sea is incredibly unforgiving to the unprepared. This is especially true when a boat sinks. In almost all instances, a vessel sinking could have and should have been prevented. This article discusses common reasons why boats, in fact, sink. Finding out why a particular vessel sank is the first step in determining legal liability. That is, who was at fault and whether legal damages may be recovered in a boat sinking incident.

Dockside Boat Sinkings

Most recreational boat sinkings occur at dockside. In these instances, it is usually much less difficult to discover the cause of the sinking because the vessel can be relatively easily raised and inspected. Because the vessel sank at a dock, absent a fire or an explosion, most dockside vessel sinkings do not result in personal injury or death. There are exceptions, of course, but that has been our experience.

The following are common reasons for boats to sink at dockside:

1. A fitting below the waterline failed.

2. Rain/ snow.

3. A failed fitting above the waterline.

4. Improper docking, such as a boat being caught under a dock with a rising tide.

5. Fires and explosions.

Common Causes of Boat Sinkings While Underway

When a vessel sinks while underway, sometimes it is difficult to determine causation because the vessel is not available for inspection because it is lost. However, in spite of the vessel being lost,it is still possible to determine causation even though the vessel is lost.

The following are common reasons while boats sink while underway:

1. Improper vessel design: Of course, the smaller the boat, the more prone it is to sinking. Improperly designed cockpits are the most common reason powerboats sink.

2. Hull damage due to collisions or striking an object: When a hull's integrity is seriously breached, boats sink.

3. Taking water over the gunwales: Taking water over the gunwales or the transom is a major cause of vessels sinking.

4. Bilge pumps failing: This occurs in power and sail boats. Improper head installation, sink drains, inadequate bilge pumps and battery systems all can cause vessels to sink. Errors in plumbing design, insufficient pumping, insufficient battery capacity, failed hull fittings and failed hoses can also cause boats to sink.

5. Over weighting: A 100 gallon fuel tank holds 700 lbs. of fuel. The fuel can easily change the trim of a 24' boat by at least two inches. When the tank is toward the stern the change may be more. Improper loading with too many passengers or gear also causes vessels to sink.

6. Defective scuppers: Scuppers allow water from decks to drain off. While their purpose is to drain water to the outside, oftentimes they allow water to drain INTO the vessel, thereby flooding the vessel. Cockpit scuppers may allow water to sink the boat. Many experts recommend closing them up and relying on the bilge pumps.

7. Defective plastic hatches: Oftentimes, not only are these not watertight, but they can allow large amounts of water to leak through the allegedly gasket-sealed cover.

8. Open transoms: Most open transom boats are sinkings waiting to happen. With an open transom, a vessel is at huge risk if it loses power. Under these circumstances, the lack of a transom becomes very dangerous. Most boats that are swamped are outboard powered, with engine cut-outs which are a few inches above the water.

9. Improper wiring: Many boats are designed such that shutting off the main power - by the main breaker or battery switches, shuts off the bilge pumps.

10. Outboard motor wells: Motor wells allow water to leak and possibly sink the vessel. Openings for control cables which are not sealed properly allow water to leak.

11. Bellow leaks: The bellows or boots that run between the engine (the "I" in inboard) and the partially submerged outdrive (the "O") degrade or crack and allow water to leak into the vessel.

12. Not inserting a drain plug: Forgetting to put in the drain plug is more common than you might expect.

Disclaimer:

The is a discussion of potential causes of boat sinkings. It is not legal advice. Any resemblance to actual cases and/or vessels is accidental. This discussion is simplistic in order to achieve clarity. Each boating accident case is different and has separate difficulties and/or challenges.

About the Author

William Turley is a California Boating Accident Lawyer. Bill was elected President of Consumer Attorneys of San Diego. He has been a San Diego Boating Accident Attorney since 1987. The Turley Law Firm's website is the most comprehensive boating accident website in California

Article Directory Source: http://www.articlerich.com/profile/William-Turley/63381

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