Prince Edward Island (PEI) Boat Accident Lawyer

An injury on a boat in Prince Edward Island waters is governed mainly by federal law, the Marine Liability Act, and not by the provincial auto insurance rules. That means no minor injury cap and no Section B. A PEI boat accident lawyer starts with the vessel. Who operated it, who owned it, and what liability policy it carried.

Two Limitation Periods Apply and the Claim Has to Meet the Stricter One

The Marine Liability Act, SC 2001, c 6 contains its own two-year limitation, and it governs most claims for injury or death on a vessel. The provincial Statute of Limitations, RSPEI 1988, c S-7 also allows two years for a negligence action under s. 2(1)(d), postponed for a minor under s. 4, with no codified ultimate period. When a federal statute and a provincial one both apply, the claim has to meet the stricter of the two. Treat the day of the accident as day one.

The Marine Liability Act Governs, So There Is No Cap and No Section B

Boats are not automobiles. The Minor Injury Regulations and the mandatory Section B benefits under the provincial Insurance Act do not reach them. The Marine Liability Act sets the rules on fault, on the shipowner’s ability to limit liability for some claims, and on who may sue for a death. Pleasure craft, charter boats, lobster boats and ferries all fall under it. The vessel’s liability insurance pays the compensation, or the operator pays personally if the vessel was uninsured. Whether a policy exists is the first fact to establish, and the passenger usually has no idea.

A PEI Boat Accident Lawyer Files in the Supreme Court of Prince Edward Island or the Federal Court

A boating claim can be issued in the Supreme Court of Prince Edward Island, where a judge alone hears injury trials in practice, or in the Federal Court, which has concurrent jurisdiction in maritime matters. The defendants and the insurance decide which. The claim then follows the usual path. We preserve the vessel and its equipment, obtain the Transport Canada and RCMP records, take statements from everyone aboard, and send a demand to the insurer. Pleadings, discovery, expert evidence and mediation follow.

WCB PEI Covers Fishing Crews and Health PEI Recovers Its Costs

A deckhand hurt on a fishing vessel is usually covered by the Workers Compensation Board of PEI under the Workers Compensation Act and cannot sue the captain who employs them. The claim against another vessel or a third party is unaffected. A pleasure boat passenger has no no-fault layer at all and recovers everything in the negligence claim. Health PEI recovers its cost of treatment from the wrongdoer as part of that claim.

Aodhan Murphy handles Island boating claims from the Charlottetown office and from Halifax.

Does the Boat Owner Have to Carry Insurance in PEI?

No law requires liability insurance on a pleasure craft. Many owners carry it through a marine or homeowner policy. Part of the lawyer’s early work is finding every policy that might respond, including the marina’s.

The Operator Was Drinking. What Changes?

Impaired operation of a vessel is a Criminal Code offence. The conviction, or the evidence behind it, establishes negligence in the civil claim.

What About a Collision with a Wharf, a Buoy or a Sandbar?

The operator owes passengers a duty to steer with care, know the chart, and slow for conditions. Striking a fixed object is usually the operator’s fault, and the claim runs against the operator’s insurer.

Can the Family Claim After a Drowning?

Yes. The Marine Liability Act provides the death claim for dependants. The provincial Fatal Accidents Act, RSPEI 1988, c F-5 is the parallel route where the federal Act does not apply.

Reported decisions of the firm are on best injury results. The federal framework is explained in the Marine Liability Act and boat insurance, and the Island’s other claim types are on injury law areas.

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 Charlottetown office opens the file. Contact the firm, or read what the firm can do.