New Brunswick Boat Accident Lawyers

A boating injury on the Saint John River, Grand Lake or the Bay of Fundy is usually a federal claim and not a New Brunswick one. A New Brunswick boat accident lawyer files under the Marine Liability Act, and the deadline in that Act is the one that applies.

The Marine Liability Act Sets a Three-Year Default Limit

Many vessel claims in New Brunswick are governed by the federal Marine Liability Act, SC 2001, c 6. That Act carries a three-year default limitation, with two years for passenger and dependant claims, and it applies to many boating injury claims in the province. Where a claim falls outside the federal Act, the provincial Limitation of Actions Act, SNB 2009, c L-8.5 applies instead: two years from discovery under section 5(1)(a), fifteen years ultimate under section 5(1)(b), and a pause while the claimant is a minor under section 17. Because two statutes can compete, we treat the earlier possible date as the real one.

How a New Brunswick Boat Accident Lawyer Proves Fault on the Water

The automobile rules do not apply to a boat. There is no minor injury cap on a boating claim, no seatbelt reduction and no Section B benefits. Liability is proved in negligence: an operator who was going too fast for the conditions, was impaired, overloaded the boat, failed to keep a lookout or towed a tuber into a hazard. The owner can be liable for lending the boat to an unfit operator. Charter and tour operators owe duties to their passengers. Which policies respond is explained in the Marine Liability Act and boat insurance post.

The Court of King’s Bench Hears the Claim

The Court of King’s Bench of New Brunswick, Trial Division, hears boating injury claims, and a judge alone decides most of them. Some maritime matters may also be brought in the Federal Court. The process follows the same steps as any injury action: demand, claim, disclosure, discovery, experts, a settlement conference with a judge, and trial. Mediation happens only if both sides agree to it. Nothing marks the water after a collision, so the operator’s statement to Transport Canada or the RCMP, GPS data, and the accounts of other boaters are collected at once.

No No-Fault Benefit Exists for a Recreational Boater

There is no no-fault benefit for a recreational boater. Deckhands, guides and fish harvesters injured at work may be covered by WorkSafeNB under the Workers’ Compensation Act, depending on employment status and the size of the undertaking, and a covered worker cannot sue the employer, but a claim against another vessel or a third party outside the scheme remains open. Medicare may recover the province’s health care spending from the wrongdoer as part of the claim.

To speak to a lawyer, call the Moncton office or the Saint John office.

Does the Boat Owner’s Liability Get Capped Under the Federal Act?

The Marine Liability Act contains limitation of liability provisions for some vessels. Whether they apply, and to what amount, depends on the vessel and the facts, and is a question a New Brunswick boat accident lawyer assesses on the file and not from a general rule.

I Was Hurt on a Rented Boat. Who Is Responsible?

The renter who operated it, and possibly the rental company if it handed the boat to someone unqualified or the boat was in poor repair.

No One Had Insurance. Is There Still a Claim?

Yes, against the operator personally, though collection is harder. Homeowner policies sometimes cover small watercraft, and we check every policy in the household.

Is a Life-Jacket Rule Breach Used Against Me?

It may reduce the award as contributory negligence where a jacket would have prevented the injury. It does not stop the claim.

The firm’s reported decisions are on best injury results. Injury claims are taken on a no win, no fee basis.