No matter what kind of recreational watercraft you’re on, it’s crucial to your safety to wear a life jacket. Also known as a personal floatation device (PFD), it’s important not to just wear one, but to make sure that it’s U.S. Coast Guard (USCG) approved, in good condition and the correct size.
Sizing is important because a PFD that’s too small may not keep you above water. One that’s too big will move around and could end up over your face, which could affect your ability to breathe and make you lose awareness of your location. Children should never wear adult-size PFDs unless they fit their bodies properly.
Even excellent swimmers can drown
While they may not be the most attractive addition to your boating ensemble, they’re important to have in case you end up in the water unexpectedly. Even if you’re an experienced swimmer, if you fall overboard and hit your head on part of the boat (or strike your head on something and then go overboard), you could end up dazed or even unconscious. If you’ve been drinking or even have prescription drugs in your system, it’s easy to become disoriented.
According to the USCG, the leading cause of death associated with recreational boating is drowning. Not surprisingly, most victims were not wearing a PFD at the time.
What are a boat operator’s obligations to passengers?
Under Texas law, the only people on a boat who are required to wear a life jacket are children under 13. On any recreational vessel that’s less than 26 feet long that’s “underway” (not anchored), there must be a USCG-approved PFD. However, there must be enough “properly fitting” PFDs on board that are “easily accessible” for all adults on board.
Adults must have a properly fitting life jacket that is easily accessible. That means the operator needs to have enough PFDs for all passengers they take out. They need to make their passengers aware of their location if they don’t want to wear them.
If you’ve been injured or a loved one has been killed because a boat operator didn’t have the appropriate PFDs on board or was negligent or reckless (for example, impaired by alcohol and/or drugs) in any other way, get experienced legal guidance to determine what your options are for seeking justice and compensation.