Wisconsin Boating Safety

September 03, 2010 (Press-News.org) Summer, sun and water are the perfect trio for many Midwesterners. With so many people out to enjoy the lakes, boating safety is critical. According to the Wisconsin Center for Investigative Journalism, there were 104 boating accidents on state waters in 2009, leaving 16 dead and 69 injured. Nine people have been killed in state boating accidents as of mid-July this year. There were 189 recorded deaths due to boating on Wisconsin waters from 2000 through 2009.

This year, legislators introduced bills to address these alarming injury and fatality rates. The bills failed.

Lifejackets, Life Savers

None of the 16 drowning victims from 2009 were wearing life jackets. Wisconsin is one of only two states that still do not require life jackets on children in boats. Injuries and fatalities are not exclusive to reckless boaters. The LaCrosse Tribune covered the story of Edward Seiler, a 78-year-old who hit the water face down and unconscious when another boat collided with the bow of his fishing boat at 15 to 20 miles per hour.

According to the article, investigators say Seiler likely would have died if he had not been wearing a life jacket. A passenger from the other boat pulled him to safety. Seiler said it was a freak accident but that he was thankful he had on a life jacket.

Wisconsin and Virginia are the only two remaining states that do not require children to wear life jackets while boating. Instead, the law requires that there be enough life jackets for all drivers and passengers on personal watercraft and that they must be readily accessible. (Children must wear life jackets when boating on federal waters, however.)

Even so, DNR conservation warden Nate Kroeplin says that when he patrols, he checks whether life jackets are on board and that some boaters store their required jackets in locked compartments, stash them under other equipment, or keep them packaged in the original plastic bag. Less than 25 percent of the 189 killed in boating accidents between 2000 and 2009 were wearing a life jacket.

In April 2009, state senator Jim Sullivan introduced a bill to require children age 12 and under wear a life jacket while boating on state waters. He says the proposed legislation is consistent with federal law and with state law in 48 other states. The bill failed to pass for the second time but he plans to reintroduce it in the next session.

Drunken Boating, Deadly Consequences

There were 383 people cited for drunken boating in 2009 and alcohol ranks fifth among contributing factors to boating accidents. Boaters may show less fear of enforcement because of the state's practice of separating violations received while operating recreational vehicles from those received while driving a car or truck. The majority of states, including Wisconsin, do not tie boating under the influence to the offender's driver's license.

State representative Louis Molepske introduced legislation that would have required operating while intoxicated offenses for all recreational vehicles, including boats, be reflected on drivers' records. Although the bill did not pass, it faced no opposition from legislators and garnered the support of ATV and snowmobile groups. Rep. Molepske said he plans to reintroduce the bill in the next session, saying that drivers should not have a safe haven in using recreational vehicles when they cannot drive their car due to a drunk driving conviction.

Boating Liability

Aside from criminal responsibility for violation of boating safety laws, boat owners and operators may be civilly liable for negligence. Drunk boat drivers who cause damage to another boat or injure or kill others in the water may be liable for money damages. Boat owners who do not have life jackets readily accessible or worn by the passengers, especially small children, may face wrongful death lawsuits brought by loved ones if the passengers drown in an accident.

While a lawsuit cannot undo an injury or bring back a loved one killed in a boating accident, it can help compensate for medical bills and other expenses as well as send a message to the negligent party. Victims of boating accidents should talk with a personal injury attorney to determine whether they have a claim for damages against the boat operator or owner and to protect their financial interests.

Article provided by Derzon & Menard, S.C.
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