Boat injury compensation claims

A day on the water is a quintessential Aussie experience, but if something goes wrong due to the negligence of a boat operator and you suffer an injury or loss as a result, then you may be eligible for damages through their insurance. 

A day on the water is a quintessential Aussie experience. You have a right to be safe from injury while out on the water. If you’re injured in a boat accident because the boat operator is negligent, you may be eligible to claim public liability compensation through their insurer. 

Who can make a boat accident compensation claim?  

You can make a public liability compensation claim if you were injured in a boat accident and: 

• The boat operator was negligent and owed you a duty of care. This means they had an obligation to protect you from reasonably foreseeable injury while you were on the boat  

• The duty of care was breached (or they failed in their obligation to you) 

• Your injury is because of their breach of duty of care 

In this context, your accident compensation claim could be if you were injured on a:  

• Boat 

• Cruise ship 

• Fishing boat 

• Speedboat 

• Powerboat 

• Sailboat 

• Party boat 

• Jet ski 

• Other sea vessel 

To prove negligence, you must establish that the boat (or other sea vessel) operator owed you a duty of  and breached their duty of care, resulting in your injury. Their breach of care may be by, for example: 

• Driving the boat recklessly 

• Operating the boat in a dangerous manner 

• Disregarding safety measures while on board the boat 

What are examples of boating accidents?  

Examples of boating accidents caused by the boat operator’s negligence include: 

• An accident or collision with another sea vessel on the water 

• A collision with a stationary object such as a pier, pylon or dock 

• The boat operator failing to keep a proper lookout 

• The boat operator failing to comply with maritime rules 

• The boat operator driving the boat at excessive speed, causing an accident or for you to fall overboard 

• Failing to have safety equipment on board the boat 

• Failure to properly maintain the boat or other sea vessel, leading to an incident such as an engine fire or failure causing injury 

• The boat operator consumes excessive alcohol while in charge of the boat, leading to an incident causing injury 

What are examples of boat accident injuries 

Boating accident injuries could include:  

• Slipping and falling on board, causing a head injury, spinal injury or fracture 

• Falling overboard, causing a psychological injury due to trauma 

• Water sports injuries caused by driving with improper care or failure to adequately maintain equipment (such as when wakeboarding, tubing, water-skiing, scuba-diving or parasailing) 

• Being burned due to fire on board or by being exposed to chemicals 

• Injuries caused by inadequately maintained equipment 

• Injuries caused by collision with another boat or stationary object 

• Injuries sustained on a cruise 

What should you do if you’ve been injured in a boat accident? 

If you’re injured in a boat accident because of someone’s negligence, it’s important that you: 

• Seek medical attention for your injury 

• Ensure your treating doctor prepares a medical report detailing your injury and treatment 

• Ensure a police report is prepared 

• Contact the Australian Maritime Safety Authority to notify them of the boat accident 

• Contact a boat accident lawyer 

Below is more information to help you make a successful boat accident compensation claim:

If you are experiencing persistent symptoms after being injured, and another person, business or organisation is responsible, you may be able to make a public liability claim. 

To help you make a successful claim, we recommend collecting evidence as soon as possible after your injury. 

This evidence may include: 

What can I claim boat accident compensation for? 

What you can claim in an accident compensation claim for will be specific to your boat accident and injuries.  

Each accident compensation claim is different, but you may be eligible to claim for:  

• Medical and rehabilitation costs 

• Past and future lost earnings  

• The cost of care and help at home provided by friends, family or any other individual 

• Pain and suffering (which is claimed as ‘general damages’)