Helena, MontanaHelena Boating Accident
Helena Boating Accident Lawyers: Boat Crashes and Jet Ski Accidents on Canyon Ferry, Hauser and Holter Lakes
Boland Aarab PLLP.
If you were hurt in a boat or jet ski crash on Canyon Ferry, Hauser, Holter or Lake Helena, you can usually recover from the operator who caused it, and Montana law also makes the boat’s owner liable when someone drove it with permission. Most claims must be filed within 3 years, but lake evidence disappears fast.
Key Takeaways
- A vessel owner is liable for injury caused by negligent operation by anyone using it with the owner’s consent (§ 23-2-505, MCA).
- A boating accident involving death, disappearance, injury or more than $2,000 in damage must be reported immediately to the county sheriff or a game warden (§ 23-2-527, MCA).
- A Ninth Circuit case from the Missouri just below Hauser Dam held that federal admiralty law did not apply to that dammed stretch (Adams v. Montana Power Co., 528 F.2d 437 (9th Cir. 1975)).
Hurt on the water near Helena, or lost someone in a boating accident? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do Helena-area boating accidents happen?
Helena’s summer water is a chain of reservoirs on the Missouri River, and each one has its own owner, traffic and hazards.
Canyon Ferry Lake. The largest of the three, east of Helena. The dam and reservoir are owned and operated by the U.S. Bureau of Reclamation. About a quarter of the reservoir, including the dam, lies in Lewis and Clark County, and the rest is in Broadwater County (Reclamation, Canyon Ferry). Canyon Ferry is a long, open lake where afternoon wind can raise whitecaps quickly, and summer weekends bring heavy traffic of ski boats, wakeboard boats, fishing boats and personal watercraft near the marinas and launches.
Hauser Lake and Lake Helena. Hauser sits a few miles downstream of Canyon Ferry Dam, with Lake Helena as an arm reaching toward the valley. Hauser Dam is owned by NorthWestern Energy. Narrower water, fishing traffic and boats running between marinas create close-quarters risks.
Holter Lake and the Gates of the Mountains. Holter Lake, about 30 miles downstream of Canyon Ferry, runs through the canyon country north of Helena. Holter Dam is also owned by NorthWestern Energy. Canyon walls, limited shoreline access and distance from help make any injury more serious.
The river between the dams. Discharge currents below the dams, anglers in drift boats, and tubers and paddlers on the Missouri share the water with motorboats. Montana requires motorboats to stay 75 feet from people fishing, or slow to no-wake speed when they cannot (§ 23-2-525, MCA).
What happens after a boating accident near Helena?
Report it immediately. Montana requires a report to the county sheriff or a game warden for any accident with death, disappearance, injury or more than $2,000 in damage (§ 23-2-527). Which sheriff depends on where it happened: the Lewis and Clark County Sheriff’s Office for Hauser, Holter, Lake Helena and the north end of Canyon Ferry, and the Broadwater County Sheriff’s Office for most of Canyon Ferry. FWP game wardens often investigate as well. The operator must also give aid and exchange names, addresses and vessel numbers in writing.
Medical care. Injured boaters in the Helena area are usually brought to St. Peter’s Health in Helena, a DPHHS-designated State Area Trauma Hospital. Near-drowning and head injuries need immediate evaluation even if the person seems fine.
Preserve evidence. Get the registration numbers of every boat, photograph damage and injuries, save phone video and marina or rental paperwork, and do not let the boat be repaired or sold. Marina and launch cameras may record over quickly.
Who may be responsible. The operator; the owner, under § 23-2-505, who is presumed to have consented when a family member was driving; a rental livery that rented to an impaired or underage operator or skipped required equipment (§ 23-2-503); and a boat or engine manufacturer when a defect contributed. If a federal facility or employee at Canyon Ferry was involved, a claim must be presented to the agency within 2 years under the Federal Tort Claims Act (28 U.S.C. § 2401(b)).
Which court. Here the local geography helps. Lewis and Clark and Broadwater Counties are both in the First Judicial District (§ 3-5-101(1), MCA), so an accident anywhere on Canyon Ferry, Hauser or Holter within those counties is generally a First Judicial District case, heard in Helena or Townsend. Both counties are also in the federal Helena Division (D. Mont. L.R. 1.2), where a case against an out-of-state operator or a federal claim would be heard at the Paul G. Hatfield Federal Courthouse.
Admiralty. In Adams v. Montana Power Co., a man drowned when a small boat capsized in the discharge below Hauser Dam. The Ninth Circuit held there was no federal admiralty jurisdiction, because the dams obstructed that stretch of the Missouri and the only commerce on it was recreational boating and fishing (528 F.2d 437). That generally means Montana law governs boating injuries on these reservoirs, though each case is checked on its facts.
Montana law that applies
Briefly: Montana prohibits reckless operation, wake jumping too close to other vessels, and operating a motorboat, sailboat with a motor or personal watercraft while under the influence (§ 23-2-523, MCA). Everyone on a personal watercraft must wear a Coast Guard-approved life jacket, and PWCs must go no-wake within 200 feet of docks, swimmers and anchored or nonmotorized boats (§ 23-2-531). No one may rent a craft over 10 horsepower to anyone under 18. Rental releases must meet statutory requirements and do not cover equipment maintenance claims (§ 27-1-753, MCA). Most claims have a 3-year deadline (§ 27-2-204). See our Montana boating accident lawyer page for more.
Why hire a Great Falls firm for a Helena case?
Boating cases need to be investigated before the boats are repaired and the summer crowd scatters. We are based in Great Falls, downstream on the same Missouri River, and we handle cases statewide. Our attorneys travel to Helena and Townsend for depositions, hearings and trial, and we are comfortable in the federal Helena Division. We do not have a Helena office.
The Boland Aarab Way
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana, and Samir Aarab has argued twice before the Ninth Circuit.
- We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
- We protect verdicts. The Montana Supreme Court reinstated our client’s $168,500 jury verdict in Voegel v. Salsbery, 2023 MT 137.
- You work with the lawyers, not a case manager.
We also handle wrongful death cases in Helena, drunk driver accidents in Helena and other Helena personal injury cases.
Frequently Asked Questions
Who do I report a Canyon Ferry boating accident to? The county sheriff or a game warden, immediately, if anyone was hurt or damage exceeds $2,000 (§ 23-2-527, MCA). Most of Canyon Ferry is in Broadwater County; the north end, Hauser and Holter are in Lewis and Clark County.
Is the boat owner liable if a friend was driving on Hauser Lake? Generally yes, if the friend had permission and operated the boat negligently (§ 23-2-505, MCA). Consent is presumed for immediate family members.
Does maritime law apply to Canyon Ferry or Holter Lake? Usually not. In a case arising just below Hauser Dam, the Ninth Circuit held that admiralty jurisdiction did not reach that dammed stretch of the Missouri (Adams v. Montana Power Co.).
Where would my Helena-area boating case be filed? Generally in the First Judicial District, which covers both Lewis and Clark and Broadwater Counties, or in the federal Helena Division if the case belongs in federal court.
What if the Bureau of Reclamation was involved at Canyon Ferry? A claim against the United States must be presented in writing to the agency within 2 years under the Federal Tort Claims Act (28 U.S.C. § 2401(b)).
Talk to a Helena Boating Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 23-2-503, MCA · § 23-2-505 · § 23-2-523 · § 23-2-525 · § 23-2-527 · § 23-2-531 · § 27-1-753 · § 27-2-204 · § 3-5-101, MCA · 28 U.S.C. § 2401(b) · Adams v. Montana Power Co. (9th Cir. 1975) · Reclamation, Canyon Ferry Shoreline Management Plan · D. Mont. L.R. 1.2
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
