When Defective Boat Equipment Causes an Accident

Boaters depend on steering systems, engines, controls, fuel systems, navigation equipment, and safety devices to work properly.

A steering failure can send a vessel into another boat or dock. A defective throttle may prevent an operator from slowing down. A fuel-system problem may cause a fire or explosion. Even equipment intended to protect passengers, such as ladders, railings, or emergency devices, can create hazards when it does not work as intended.

When one of those components suddenly fails, the operator may have only seconds to react to avoid tragedy. 

Common Types of Defective Boat Equipment

A defect can involve nearly any system necessary to safely operate or use a vessel. Examples may include:

• Steering systems
• Throttles and control cables
• Engines and propulsion systems
• Fuel tanks, hoses, and fittings
• Electrical wiring and batteries
• Navigation lights
• Bilge pumps
• Fire extinguishing systems
• Engine cut-off switches
• Ladders, railings, and seating
• Propellers and propeller guards
• Flotation and other safety equipment

Federal safety regulations establish requirements for certain recreational boats and associated equipment, including manufacturer certification and specific construction or performance standards.

Not every equipment failure means the product was defective when it left the manufacturer. Determining what caused the failure is an important part of identifying who may be responsible.

Manufacturing and Design Defects

Some boat equipment may be dangerous because of the way it was manufactured. A component could contain faulty materials, improper connections, weak parts, or another problem introduced during production.

Other cases may involve the product’s design itself. A component may perform exactly as designed but still create an unreasonable safety risk during normal use.

Federal law requires recreational vessel manufacturers to provide notice when they discover certain defects or failures to comply with applicable safety regulations that create a substantial risk of personal injury. Depending on the circumstances, manufacturers may also be required to repair or replace affected vessels or equipment.

A recall can provide important information during an accident investigation, but the absence of a recall does not necessarily mean that equipment could not have been defective.

Maintenance and Repair Problems

Sometimes the equipment itself was safe when manufactured but became dangerous because it was poorly maintained or improperly repaired.

For example, a maintenance provider may incorrectly install a steering component, fail to identify a damaged fuel line, or overlook signs that an engine-control system is failing. A vessel owner or commercial operator may also continue using equipment despite knowing that it needs repair.

In these situations, responsibility may involve the person or business responsible for inspecting, maintaining, or repairing the vessel rather than, or in addition to, the equipment manufacturer.

Maintenance records, repair invoices, inspection reports, and earlier complaints can help determine when a problem developed and whether someone had an opportunity to correct it.

Parties That May Be Responsible

Defective-equipment cases can involve several different companies or individuals who bear responsibility for the incident. Depending on the circumstances, potentially responsible parties may include:

• The boat or equipment manufacturer
• A component manufacturer
• A distributor or seller
• The vessel owner
• A boat rental company
• A charter or tour operator
• A maintenance or repair company
• Another business responsible for inspecting the vessel

More than one party may share responsibility. For example, an equipment manufacturer may have produced a defective component while a vessel owner continued operating the boat after becoming aware that the component was malfunctioning.

Evidence After an Equipment-Related Accident

One of the most important steps after a suspected equipment failure is preserving the vessel and damaged component. Repairing, replacing, or discarding the equipment too quickly can make it harder to determine why it failed. Evidence may include:

• The damaged boat and component
• Photographs and videos
• Maintenance and repair records
• Manufacturer instructions
• Recall and safety-defect information
• Purchase or rental documents
• Prior complaints about the equipment
• Vessel inspection records
• GPS or electronic vessel data
• Witness statements
• Accident reports
• Medical records

The Coast Guard allows consumers to search reported recalls and safety defects and to submit information about suspected defects involving recreational boats and associated equipment.

An investigation may also require an expert to inspect the equipment before repairs are made.

Compensation After a Defective Boat Equipment Injury

Defective equipment can contribute to collisions, fires, explosions, falls overboard, propeller injuries, and other serious accidents.

An injured person may be able to seek compensation for medical expenses, lost income, pain and suffering, disability, future treatment, and other accident-related losses. The compensation available will depend on the applicable law and circumstances of the case.

Morgan & Morgan May Be Able to Help

When boat equipment fails, determining why it failed can be just as important as determining what happened during the accident. Manufacturers, vessel owners, maintenance companies, and other parties may each point to someone else as the cause.

Morgan & Morgan’s maritime accident attorneys can investigate the equipment failure, 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. The Fee Is Free Unless You Win™.