Newfoundland Boat Accident Lawyers

A large part of Newfoundland and Labrador works and travels on the water, and the law that governs an injury on a vessel is federal, not provincial. A Newfoundland boat accident lawyer starts with the Marine Liability Act. It sets its own limitation period and its own rules for who is liable.

The Marine Liability Act and the Limitations Act Each Give Two Years, and We Work From the Earlier Date

The Marine Liability Act, SC 2001, c 6 governs most claims arising from a vessel, and its two year limitation applies to many boating injury claims. The provincial Limitations Act, SNL 1995, c L-16.1 also sets two years for personal injury under s. 5, with discoverability under s. 14 and postponement for minors under s. 15. The two statutes do not always land on the same date, and the federal one is less forgiving on discoverability. We work from the earlier of the two.

The Marine Liability Act Governs Liability on the Water, with No Cap and No Deductible

There is no cap and no deductible on a boating injury in this province. The Automobile Insurance Act does not reach a vessel. Instead the Marine Liability Act sets out the liability of a shipowner to passengers and to people injured by the vessel, and allows an owner to limit liability in defined circumstances. Our post on the Marine Liability Act and boat insurance explains those limits. The size of the vessel and the nature of the voyage therefore affect the value of the claim. Nothing like that applies to a road crash.

The Supreme Court or the Federal Court Hears the Claim, and the Vessel Evidence Goes First

The Supreme Court of Newfoundland and Labrador, General Division, hears these claims, and the Federal Court also has jurisdiction over maritime matters, so the choice of court is a decision made on each file. Small Claims Court in this province hears matters up to $25,000. The Transportation Safety Board or Coast Guard record, the vessel’s log, the operator’s card, the weather data and any photographs have to be collected in the first weeks or they are gone. The demand follows once the injuries are understood, then pleadings, discovery and mediation.

WorkplaceNL Covers Crew, MCP Recovers Its Costs and Section B Does Not Apply

A deckhand, a fish harvester on a crewed vessel or a ferry worker injured on the job is covered by WorkplaceNL and cannot sue the employer. A claim against a different vessel’s owner or operator outside the scheme can still be brought. Section B accident benefits belong to the automobile policy, are optional in Newfoundland and Labrador, and do not apply to a boat. MCP pays the hospital care and recovers its cost from the party at fault through the same action.

The St. John’s Office Runs Marine Claims From Every Coast

Marine claims from every coast are handled by the St. John’s office, with Michael Murphy, K.C. leading. Other practice areas are listed at injury law areas.

Can a Passenger on a Tour Boat or Whale Watching Trip Claim?

Yes. The operator carries passengers for reward and owes them a duty of care under the Marine Liability Act. A fall on a wet deck, a collision or a capsizing is a claim against the operator and its insurer.

Does a Newfoundland Boat Accident Lawyer Take Claims Against a Friend’s Boat?

Yes. The friend’s boat policy or homeowner policy responds. The insurer pays, not the friend, and the friend’s premium is the insurer’s concern rather than yours.

What If the Operator Had No Boat Insurance?

Pleasure craft insurance is not compulsory. An uninsured operator is personally liable, and recovery depends on their assets. We check for a homeowner or umbrella policy first, because those often cover the owner’s boating liability.

Is a Fishing Crew Injury a WorkplaceNL Matter or a Lawsuit?

Usually WorkplaceNL, if the crew and the enterprise are covered. If another vessel caused the injury, a lawsuit against that vessel’s owner runs alongside the compensation claim.

See the firm’s reported decisions at best injury results.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The St. John’s office opens the file. Contact the firm, or read what the firm can do.