Coquitlam Personal Injury Lawyer: Boat Accident results in $2.2 Million Award

At times, and equally as dangerously, accidents occur on the water. Often, boat accidents involve alcohol and/or speed. In the recent case of Henderson v. Gettle, 2021 BCSC 841, the defendant was found culpable for the watercraft accident both criminally (for reasons indexed at R. v Gettle, 2018 BCSC 1221) and in civil court. The plaintiff was a police officer. The accident took place at the waterway entrance of Tod Inlet in Central Saanich, BC where boats were exiting after a firework show; the fireworks ended around 10:00pm and all of the boats began to leave the inlet about the same time through a narrow opening at the end of the inlet. The weather was calm. It was dark and visibility was poor. Most watercraft operators were illuminated and were also moving slowly. The plaintiff was aboard a boat that was among the boats leaving the inlet. Justice Steeves aptly explains what occurred as follows:

[23]      A few minutes into the passage out of the inlet, the plaintiff heard what others described as the roar of an engine coming from behind. When he turned to investigate the noise, he saw another vessel approaching the Henderson Vessel at high speed from the rear. He tried to warn his father.

[24]      Witnesses at the scene described hearing a motorboat suddenly revving its engine, “gunning it” or “punching it” and accelerating loudly. Many people yelled at the vessel to slow down as it made its way towards much slower-moving boats. One witness said that he saw the vessel speed up for about 150-200 metres until it reached plane and estimated that it was travelling between 20 to 30 miles per hour…

[25]      Approximately ten seconds after the plaintiff heard the engine of the approaching vessel roar, it struck the rear of the [his] vessel at high speed, making a loud bang sound…The next thing he remembered was blackness as he struggled to piece together what had happened…

[26]      At some point he realized that he was on the floor of the Henderson Vessel, positioned partly on top of his father’s body. He also observed his step-mother positioned partially across the engine well with her head hanging over the back of the boat. In an effort to save her, he crawled over his father to try to pull her back into the boat. She was obviously in distress but she yelled at him not to not touch her arm. This gave him some relief that she was alive and conscious.

[27]      As some rescuers approached the Henderson Vessel, the plaintiff collapsed down to the floor out of exhaustion. He felt disoriented and was in severe pain.  He felt an intense burning sensation in the lower right side of his back. He remembered dialing 911, but he had difficulty communicating to the operator what assistance was required. At that point, he felt water on his knees and realized that the Henderson Vessel was sinking.

[28]      A rescue boat arrived and transported the plaintiff, his father and his step-mother to shore. The plaintiff described being dazed and disoriented throughout. By this time it was the early hours of August 2, 2015. The plaintiff was transported to Victoria General Hospital (“VGH”) where he remained until he was discharged on August 8, 2015.

Ultimately, the plaintiff was diagnosed with fractures to the 11th and 12th ribs and transverse fractures to the L1, L2, L3, L4, and T11, among other things. In sum, the plaintiff was awarded $1.2 Million Dollars for his loss of future earning capacity; $240,000 for his pain and suffering; $202,000 for his loss of pension, among others.

We have experience representing plaintiffs in boat accident and understand the niche law covering this field or practice. As many boaters ourselves, we are better able to understand the nuances of the BC’s budding boating industry.