What type of claims can I bring if I have been injured in a boating accident on Beaver Lake near Bentonville, Rogers and Eureka Springs, Arkansas? 

At Bautista LeRoy LLC, we represent clients who have been injured in boating accidents through the state of Arkansas. We have helped our clients bring several types of claims against boat owners and land owners through northwest Arkansas. The primary claims against boat owners are negligence-based, including common law negligence for failure to exercise ordinary care, negligence per se for statutory violations (such as inadequate lookouts), and potentially joint venture liability when multiple parties share control of watercraft operations.
 
These claims are governed by Arkansas Statute § 27-101-20, which establishes that boat owners are liable for the negligent operation of their boat when they or a family member operates the vessel.  Arkansas land owners with waterfront property can also be held responsible, however, a premises liability claims are significantly limited by the Arkansas Recreational Use Statute, which provides broad immunity for recreational users. 

At Batista LeRoy LLC, we make sure that our clients are fully compensated for their injuries when they have been involved in a boating accident. Arkansas boat owners can be held liable for several types of negligence claims based on Arkansas Statute 27-101-201(a), which states "The owner, renter, operator, or lessee of a vessel is liable for any injury or damage caused by the negligent operation of the vessel, whether negligence consists of violating the statutes of this state or neglecting to observe such ordinary care and operation as the rules of the common law require" AR ST § 27-101-201. This statutory framework creates two distinct pathways for establishing boat owner negligence. 

What type of statutory violations against boat owners are available in Arkansas and what type of claims to they create for injured parties? 

A statutory violation for failing to operate the boat according to Arkansas laws, creates a negligence per se claim. Arkansas boating statutes mandate specific duties, including claims that arise from inattentive operation, failure to keep a proper lookout, failure to observe navigation rules, or operating in a manner resulting in collision. Arkansas Statute separately prohibits operating any vessel or manipulating water skis, aquaplanes, personal watercraft, or similar devices "in a grossly negligent manner that results in serious injury or death to any person.” 

Additionally statutory duties include equipment requirements under Arkansas Code § 27-101-203, this statute mandates that vessels carry U.S. Coast Guard-approved personal flotation devices for each person aboard, with additional requirements that children that are twelve and under, personal watercraft occupants, and persons being towed must also wear them. Vessels 16 feet and longer must also carry throwable flotation devices.

Second a general theory of negligence for failing to operate the boat with ordinary care of a boat operator.  Clients should be aware that Arkansas Supreme Court in Parker v. Price rejected the application of a heightened maritime standard requiring "due diligence and maritime skill," holding instead that boat operators owe a duty of ordinary care—that is, "the operator should act as a reasonably careful person would act under the circumstances" Parker v. Price, 241 Ark. 940 (1967). By refusing to adopt any heightened maritime standard and instead applying traditional negligence principles the Supreme Court only requires proof of duty, breach, causation, and damages, in order to bring a successful negligence claim in Arkansas.

Who can you sue when you are involved in a boating accident and suffered injuries?

Under Arkansas law, plaintiffs can sue all family members of an operating vessel or boat. Arkansas statute provide that "It shall be presumed that the vessel is being operated with the knowledge and consent of the owner if at the time of the injury or damage it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family" AR ST § 27-101-201. This rebuttable presumption significantly expands potential owner liability beyond situations where owners directly provide consent or the owner is driving the boat.

Further Arkansas recognizes joint venture liability among boat owners and operators when multiple parties share control or benefit from watercraft operations. This approach permits plaintiffs to pursue all parties with potential responsibility, regardless of who was actually operating the vessel at the time of the accident. The joint venture doctrine proves particularly valuable when boat owners retain some degree of control or derive benefit from the vessel's operation, even when not directly operating the watercraft. Arkansas courts also recognize third-party liability claims, allowing defendants to seek contribution from other potentially liable parties involved in the boating accident.

The reality is that being in a boating accident can be very scary and traumatic. Fortunately, the laws of Arkansas provide injured boaters several remedies to receive compensation for their injuries. At Bautista LeRoy LLC,  we help our Arkansas clients, throughout Bentonville, Rogers and Eureka Springs, determine what types of claims they can bring and who they can bring them against. 

The author Andrew LeRoy, is a partner at Bautista LeRoy LLC.  Should you have any questions or wish to discuss the article, our attorneys can be reached at www.bautistaleroy-bentonville.com or 479-208-6614.