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, 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 counts.

The Marine Liability Act Sets a Two-Year Limit

Most vessel claims in New Brunswick are governed by the federal Marine Liability Act, SC 2001, c 6. That Act carries its own two-year limitation, 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 18. 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. Our post on the Marine Liability Act and boat insurance explains which policies respond.

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, mediation, trial. Water leaves no skid marks, 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 are usually covered by WorkSafeNB under the Workers’ Compensation Act and cannot sue their 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.

Boating claims from the river valley, the lakes and the coast are handled at the Moncton office and 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 rather than 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 set out on the best injury results page. Other claim types are listed under injury law areas. No win, no fee.