VMM partner Richard Apat, head of the firm’s Personal Injury and Real Estate Litigation practices, writes a monthly column titled "Rich's Sidebar" in Port Washington News.
"Rich's Sidebar" is also syndicated in other Gold Coast newspapers, including Long Island Press, Port Washington News, Manhasset Press, and Great Neck News.
These articles are designed to offer insights in a variety of areas, and intermittently feature other VMM attorneys as guest writers discussing other fields of expertise.
This month's column is "Nothing beats boating in the summer, but safety comes first." It can be found in print and below.
Rich’s Sidebar: Nothing beats boating in the summer, but safety comes first.
As an avid sailor and boater, I know how great it is to take your boat out on the water with friends and family on a hot summer day. As a personal injury attorney, I also know how dangerous it can be. Here are a few things to know and consider.
First, as of July 1, 2025, any person operating a motor vessel is required to have a valid New York State boating license. Previously, “Brianna’s Law” was limited to underage and new boat operators, but it now includes everyone, even longtime owners.
Second, take basic safety precautions. According to the U.S. Coast Guard, about 75% of boating accident fatalities are drownings, and about 85% of the victims were not wearing a life vest. Although these events are few and far between, this is what the statistics show. Therefore, when things start to go wrong on the water, they generally snowball. So be proactive.
There’s usually plenty of time to adjust for the circumstances. When we are out racing on a sailboat in high winds, or rain, etc., we make sure that everybody has their safety gear on ahead of time. Sometimes it’s just a life preserver, sometimes we have harnesses and people are harnessed to the boat mechanically. The circumstances dictate the precautions to be taken.
Make sure you have an operational VHF radio to call the Coast Guard in the event of a problem. Your boat should also have a basic first aid kit, flares, a life preserver for everyone on board, and a throwable preserver for someone overboard.
Third, if you’re having alcoholic beverages on the boat, obviously you must drink responsibly. Boating can be unpredictable in many ways, adding in this factor requires responsible people staying alert enough to deal with any issue that may arise.
Fourth, stay aware of your surroundings. Situational awareness and reaction time can make the difference between a quick adjustment and a disaster. While you’re having a good time, keep an eye out for the weather. It’s one thing to get caught in a storm when you’re in your backyard pool, it’s a different story in open waters. If you do decide to return to shore, don’t rush. When people are quick to gather up their things and start the engine they sometimes forget to check for lines that can wrap around the prop or take a headcount to make sure no one is in the water.
Last but not least, make sure you know how to safely operate your boat and all of the safety rules and regulations, from your boat manual to the right-of-way rules between boats. Even if you’re a seasoned boater, take the time to reacquaint yourself. At the end of the day, the most important safety devices are your experience and common sense.
Let’s have a fun summer and avoid any incidents on the water. If you or someone you know is injured while boating, feel free to give me a call. However, I would much rather see you on the water than in my office. Stay safe.
Richard Apat is a member of Vishnick McGovern Milizio LLP – Attorneys at Law, where he heads the Personal Injury and Real Estate Litigation practices. He can be reached at rapat@vmmlegal.com and 516.437.4385 x152.
