Man Overboard Accidents

The Dangers of Falling Overboard

Falling from a boat can turn into a life-threatening emergency within seconds. A passenger or crew member may be injured during the fall, become separated from the vessel, or struggle to stay afloat while waiting to be rescued.

Man overboard incidents happen more often than expected and can occur on recreational boats, charter vessels, fishing boats, tugboats, ferries, cruise ships, and other vessels. Federal regulations specifically recognize a fall overboard as a type of marine casualty or accident. Because of this, some ships, depending on their size and flag-state, are even required to have man-overboard (MOB) detection/alarm sensor system.  

The danger does not end once someone reaches the water. Waves, current, cold temperatures, darkness, and nearby vessel traffic can make a rescue more difficult. A person who was injured or knocked unconscious during the fall may be unable to swim or signal for help.

Common Causes of Man Overboard Accidents

People can fall overboard for many reasons, and some incidents involve several contributing factors. Common causes may include:

• Wet or slippery decks
• Missing or damaged railings
• Sudden turns or acceleration
• Large waves or wakes
• Collisions with another vessel or object
• Unsafe boarding or disembarking
• Poor lighting
• Cluttered walkways
• Inadequate passenger supervision
• Alcohol impairment
• Defective equipment
• Unsafe work practices
• Failure to properly secure the vessel

Although not every fall overboard is caused by negligence, an accident may raise legal concerns when someone responsible for the vessel failed to correct a known hazard, operated the boat unsafely, or failed to take reasonable precautions.

Life Jackets and Overboard Incidents

A life jacket can provide critical flotation when someone unexpectedly enters the water. The U.S. Coast Guard recommends wearing a life jacket whenever a recreational boat is underway and notes that properly fitted flotation devices can help keep someone afloat when they are injured, fatigued, or affected by cold water.

A vessel should also carry the required flotation and emergency equipment.

Whether a missing or inaccessible life jacket contributes to liability depends on the circumstances, including the type of vessel, applicable regulations, and the person involved.

Responding to a Person Overboard

A rapid response can make a major difference after someone enters the water. Other people aboard the vessel should alert the operator, keep the person in sight, and provide available flotation or rescue equipment when it can be done safely.

The vessel operator may also need to maneuver carefully to avoid striking the person with the boat or propeller and contact emergency responders when necessary.

Commercial vessels may have specific emergency procedures, crew training requirements, or rescue equipment designed for overboard incidents. An investigation may examine whether those procedures were followed and whether the crew responded appropriately.

Responsibility for a Man Overboard Accident

Determining who may be responsible often starts with understanding why the person went overboard.

Federal law prohibits negligent vessel operation that endangers another person's life, limb, or property. An operator who speeds through dangerous conditions, makes an unsafe maneuver, or fails to maintain proper control of the vessel may therefore face scrutiny after an accident. Other potentially responsible parties may include:

• The vessel owner
• A charter or tour company
• A cruise or ferry operator
• An employer
• A boat rental company
• A maintenance provider
• A manufacturer of defective equipment

More than one party may share responsibility when several failures contribute to the incident.

Maritime workers may also have different legal rights from passengers. Crew members who qualify as seamen, for example, may have claims under federal maritime laws depending on how the accident occurred and their relationship to the vessel.

Evidence After an Overboard Accident

Evidence can be especially important because the conditions surrounding an overboard accident may change quickly. Helpful information may include:

• Photographs or videos
• Witness statements
• Vessel surveillance footage
• GPS and navigation data
• Crew logs and incident reports
• Weather and water conditions
• Maintenance and inspection records
• Safety policies and training records
• Life jacket and rescue-equipment information
• Medical records
• Coast Guard or law enforcement reports

The Coast Guard investigates certain marine casualties, including fatal falls overboard, and maintains reports from completed investigations.

Compensation After a Man Overboard Accident

Someone who survives an overboard accident may suffer drowning-related injuries, hypothermia, broken bones, traumatic brain injuries, spinal cord damage, or other serious harm.

Depending on the circumstances, a claim may seek compensation for medical expenses, lost income, pain and suffering, disability, future treatment, and other losses. Fatal incidents may also give eligible family members or the person's estate grounds to pursue a wrongful death claim.

Morgan & Morgan May Be Able to Help

A man overboard accident can leave survivors and families searching for answers about why the person entered the water and whether more could have been done to prevent the incident.

Morgan & Morgan's maritime accident attorneys can investigate the accident, preserve important evidence, identify potentially responsible parties, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With the Fee Is Free™, you pay nothing unless we win your case.