Kayak accident

Many people use kayaks to enjoy some time wading down a river. Other times, they can be used in a more fast-paced environment to race down a stream. Either way poses a great risk to those involved, though. The American Canoe Association reported that 25% of paddling-related fatalities are due to kayaking.  If you or a loved one has been in a kayak accident, contact us for a free consultation to see if you may be entitled to compensation.

What kind of accidents or injuries can result?

A kayaking accident can occur during a kayaking expedition, where a tour guide takes kayakers through a designated area as recreation. The tour guide is meant to protect and guide you to the safe areas and away from rocky areas or dangerous currents. If the tour guide fails to protect or guide you, then a kayaker on the expedition could get severely injured or drown.

Also, the kayak may have a design defect and malfunction, such as a hole in the bottom or an imbalance in the kayak that can cause it to tip. Kayaks could also just collide with another kayaker or an object, such as a large rock beside a stream, that can damage the kayak as well as the kayaker. Any of these accidents can cause the kayak to malfunction and can cause drowning, hypothermia, concussions, whiplash, traumatic brain injury, coma, neck and back injuries, broken bones or fractures, and even death.

Who is liable?

These cases are based on negligence, which is determined by finding if the other party owed you a duty of care, breached that duty of care, your injuries directly resulted from their actions, and you suffered actual damages and losses.

If a kayak accident was due to a kayak expedition tour guide’s failure to protect an individual, then the company leading these expeditions can be found liable for negligence. The employees were acting on behalf of the company and thus were improperly trained and certainly unfit to guide anyone, much fewer beginners, through an expedition. They would be responsible for any damages. 

If a kayak accident was due to a defect or malfunction, it is typically the fault of the company that manufactured the kayak. The manufacturer would be at fault under product liability laws if the defect was inherent in the design and construction of the machine itself. Product liability laws aim to protect consumers from products that pose harm to those who use it. If a kayak causes a serious accident and injury to someone due to a design defect, then the victim or loved ones can sue the manufacturer.

When a kayak accident is due to a collision with another kayaker or an object, then it would be best to speak to an attorney about who is liable given the individual circumstances. Consulting an attorney will help you best assess your options and see what we can do to give you the best outcome and compensation possible.

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