Water and diving accidents cause about 3% to 7% of all spinal cord injuries (SCI) in the United States. A vast majority occur during the summer. As this summer comes to a close, let’s examine what happens when an SCI is sustained by a dive into too shallow waters, a wave that hits with a catastrophic crush, or a weekend on the jetskis that alters the course of a family’s lives. Who can be held accountable in the wake?
Fault for a catastrophic injury in the water is determined by proving negligence—showing that a specific party failed to act with reasonable care and that this failure directly caused the incident that led to the injury.
Because water incidents often happen on navigable waters, public lakes, or ocean areas, investigators may need to look into federal maritime laws and state boating regulations.
Establishing Liability
To establish legal liability, your claim must first prove four core elements:
- Duty of Care: The responsible party had a legal obligation to follow safety rules and operate with standard caution (e.g., a boat operator keeping a lookout, a rental company providing safe gear, or a property owner warning of hidden underwater hazards).
- Breach of Duty: The party failed that standard through actions like speeding, distraction, intoxication, or poor maintenance.
- Causation: The breach of duty directly led to the catastrophic accident (such as a spinal cord injury from a high-speed collision)
- Damages: The victim suffered severe physical, emotional, and financial losses.
Who’s at Fault?
Fault is not always limited to the person in the immediate control of a vessel or swimming area. Multiple parties can share responsibility:
- Boat or Watercraft Operators: Liable if operating recklessly, speeding in no-wake zones, violating navigation rules, or driving under the influence of alcohol or drugs.
- Vessel Owners: Can be held responsible if they allowed an unqualified, underage, or intoxicated person to operate their boat
- Rental Companies & Tour Operators: Liable for renting defective equipment, failing to maintain watercraft, or neglecting to provide required safety briefings.
- Manufacturers: Responsible if a sudden mechanical failure (such as steering or throttle breakdown) caused a catastrophic crash due to a design or factory defect.
- Property or Marina Owners / Lifeguards: Liable under premises liability if SCI occurred due to unmarked shallow water, hidden underwater debris, unsecured docks, or professional lifeguard negligence.
Finding Evidence
Physical evidence in the water washes away or changes quickly. Investigators rely on official reports of marine police, coast guard, or department of natural resources accident reports, as well as witness and passenger statements, and accounts from bystanders.
If a watercraft was involved they look at vessel data like maintenance logs, repair histories, and electronic tracking or GPS data. They may even employ expert analysis such as reconstructions by marine safety experts who analyze collision angles, speed, and environmental conditions.
Comparative Fault
If the injured person or a third party also behaved carelessly (e.g., refusing to wear a required life jacket or swimming in an unauthorized active boat channel), comparative fault rules may apply. Under these rules in many states, compensation can be reduced by the percentage of fault assigned to the SCI survivor.
If you sustained a catastrophic spinal cord injury in the water this summer, we can help you determine if you should be entitled to compensation by a liable party. Contact us to learn more.
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