Although Buffalois located near several large bodies of water, it is rare that for a case to arise involving the application of Admiralty Law. Admiralty Law is a body of federal laws written to provide uniform regulation of actions occurring on navigable waters. In the recent case of Brozyna v. Niagara Gorge Jetboating, the United States Court for the Western District of New York found that Admiralty Law – not New YorkState law – applied to a personal injury occurring in the gorge and dismissed the lawsuit.
The plaintiff in the case has suffered a fractured vertebra while on a whitewater excursion aboard a jetboat operated by the defendant. Which law applied was instrumental in the case because prior to engaging in the activity, the injured party had signed a document waiving any right to sue if injured during the trip.
Under New York State law, such waivers signed prior to engaging in a potentially dangerous activity are unenforceable. Under Admiralty Law, however, such a waiver is fully enforceable so long as the language of the waiver is clear and its execution was not coerced. As a result, whether the personal injury lawsuit could proceed hinged on which body of law applied.
Unfortunately for the plaintiff, the Niagara Riverhas previously been recognized as “navigable waters” by the courts. Recognizing these prior rulings, the federal court found that Admiralty Law was the proper body of law to apply and dismissed the lawsuit.
If you have suffered a personal injury in a boating accident, we would be happy to help you. Please feel free to call at 716-542-5444.
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