Maritime law is unique. To get the full award that you deserve, you need an attorney that understands the intricate nuances of maritime law. Mase Seitz Briggs has over a quarter century of experience representing clients in maritime cases across a wide spectrum of claims. Our unwavering commitment to our clients means that you can trust us to fight for you.
If you were injured in a recreational boating accident caused by another person or company’s negligence, call Mase Seitz Briggs today to discuss your case. We can explain your options in a free consultation and pursue compensation on your behalf.
Boating Accident Cases – What You Need to Know
The boating accident attorneys at Mase Seitz Briggs understand maritime law and have decades of experience in the field. From collisions and equipment failures to diving and dock accidents, we understand the intricacies of maritime and admiralty law—and how it can apply to your situation.
Pursuing a boating accident claim is not the same as an auto accident claim. Local, state, federal, and international maritime regulations add complexity to these claims, and can impact your rights if you are injured.
In addition, maritime law often governs potential claims occurring on Florida’s waterways. Many maritime claims must be filed in federal court under admiralty jurisdiction and have special statutes of limitation. Because of this, you need an attorney with the necessary experience and understanding of maritime law to pursue your claim.
Common Causes of Recreational Boating Accidents In Florida
Vessels are considered “dangerous instrumentalities” under Florida law, meaning operators must “exercise the highest degree of care to prevent injuries or death.” Reckless or careless operation can lead to liability for any resulting injuries. Whether an operator is boating under the influence of alcohol or drugs or is merely inexperienced, they may be held legally accountable.
Operator Inexperience
Boaters do not have the same licensing requirements as drivers, so many boat owners in Miami, South Florida, and across Florida do not know the rules on the open water. They may be unfamiliar with the watercraft they are piloting or unable to handle changing sea and weather conditions. Individually, each of these can cause a serious boating accident, and together they can result in catastrophic injury or death.
Follow this link to read the Florida Boat license requirements for minors.
Operator Inattention
Unlike public streets and highways, bodies of water do not have clearly marked traffic lanes, signals, or signs that help boaters avoid collisions and potential safety hazards. And unlike cars, boats also do not have brakes to allow them to stop quickly. It is the responsibility of watercraft owners, operators, and passengers to be well-informed and to exercise good judgment to keep themselves safe on the water.
Reckless Operation
Many boat owners think there is little to no risk on the open water, so they drive at an unsafe speed or take unnecessary risks. This frequently happens with jet skis, wave-runners, and other personal watercrafts. Unfortunately, passengers, swimmers and other boaters can be easily injured by reckless and unsafe watercraft operation.
Negligent Entrustment
Negligent entrustment is when the boat’s owner allows someone else to operate the watercraft despite knowing or having information suggesting that the permitted individual is not competent to safely operate the vessel. If injuries result from the permitted individual’s use of the watercraft, then the victim has a direct legal claim against the boat owner.
To prove negligent entrustment, the victim and their representation must prove any of the following:
- The boat operator was incompetent to operate the boat
- The boat owner permitted the boat operator to use the boat
- The boat owner knew or should have known that the boat operator was incompetent
- The boat operator’s incompetence was the legal cause of the victim’s injuries
Vicarious Liability
Vicarious liability attributes liability to a boat owner for the negligence of a person operating the boat on the owner’s behalf. This also arises in situations where the boat owner’s employee operated the vessel at the time of the incident. Our attorneys have experience determining who is at fault and how to ensure that the person responsible is brought to justice.
Weather and Water Conditions
South Florida’s weather and water conditions can change in an instant. Unpredictable weather or water conditions make safe watercraft operation difficult, and even an experienced boat operator may not know how to handle the conditions properly. As a result, boating and watercraft accidents frequently occur.
Recreational Boating Accident Reporting Requirements
Section 327.30 of the Florida Statutes requires the owner or operator of a recreational vessel involved in a collision, accident, or other casualty to notify the appropriate law enforcement agency if:
- The vessel capsizes
- There is a collision with another boat or object
- The boat sinks
- There is a personal injury requiring medical treatment beyond first aid
- A person dies
- A person disappears under circumstances that indicate death or injury
- Damage to any vessel or other property exceeds an aggregate amount of $2,000
Failure to report an accident or leaving the scene of an accident can result in criminal charges.
Florida Boating Accident Statistics
It’s no secret: Floridians love the open water and boating. Our beautiful state has access to the Atlantic Ocean, the Bahamas, the Gulf of Mexico, and numerous rivers and lakes. Countless motorboats, sailboats, jet skis, personal watercraft, kayaks, and yachts cruise the Miami, South Florida, and coastal Florida waters every day. Often, these watercrafts are operated and occupied by tourists and other visitors who have little or no prior boating experience. This lack of boating experience, combined with leisure activities that include alcohol consumption and unfamiliarity with Florida waters, can make for a dangerous and sometimes deadly situation.
Florida leads the nation with over one million registered vessels as of 2023.
- According to the Florida Fish and Wildlife Conservation Commission (FWC), there were 659 reportable accidents in 2023.
- Of those accidents, 283 resulted in injuries to a passenger or operator, and 56 were fatal.
- Miami-Dade County issues the largest number of Boating Safety Education Identification Cards in Florida, but 83% of fatal boating accidents involve an uneducated operator.
- The leading cause of death in fatal boating accidents was drowning, followed by collision with fixed objects, and boaters falling overboard.
- In 2023, alcohol or drug use contributed to 23% of boating fatalities.
As you can see, a simple day on the water in Florida can be more dangerous than you think. If you or a loved one is injured in a boating accident, our experienced attorneys can help you get justice. You should never have to pay out-of-pocket for someone else’s negligence.
With over 100 years of combined expertise in maritime and admiralty law, our firm has successfully represented thousands of victims, recovering tens of millions in settlements and verdicts. We remain dedicated to helping families in South Florida and beyond recover from severe boating accidents and can guide you through these challenging waters to secure the compensation you deserve.
Contact our office at 305-602-4927 or fill out our online contact form for a free, confidential case evaluation.
Boating Accident FAQs
Addressing Common Concerns of Boat Accident Victims
While boating accidents are less common than car accidents, they can be just as fatal. You may not know what next steps to take if you or a loved one was injured in a boat accident. The experienced maritime personal injury attorneys at Mase Seitz Briggs are here to help. Schedule your free consultation today to get all of your questions answered. In the meantime, we've compiled a few frequently asked questions and answers to help you get started.
What should I do immediately after a boating accident?
After a boating accident, it's crucial to prioritize safety. Check for injuries and ensure everyone is accounted for. If there are any injuries, seek medical help immediately. Additionally, it's important to report the accident to the relevant authorities and gather contact information from witnesses. Both your medical documents and official accident report will be important pieces of evidence to include in your claim.
How can I protect my legal rights after a boating accident?
To protect your legal rights after a boating accident, document the scene by taking photos and videos of any damages or injuries. It's also important to exchange contact information with other parties involved and obtain witness statements, if possible. Seeking legal counsel early on can also help protect your rights.
What are the common causes of boating accidents?
Boating accidents can occur due to various factors, including operator inexperience or negligence, speeding, hazardous weather conditions, equipment failure, and alcohol use. Understanding these common causes can help establish the negligent party in an accident.
How is fault determined in a boating accident?
Fault in a boating accident is determined based on factors such as negligence, violation of boating laws or regulations, and the actions of each party involved. Investigations by authorities and legal professionals can help determine liability.
Can I receive compensation for injuries sustained in a boating accident?
Yes, if you have been injured in a boating accident due to someone else's negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. You should consult with a maritime personal injury attorney to understand your legal options.
How long do I have to file a boating accident claim?
In Florida, the statute of limitations for filing a boating accident claim can vary depending on the specifics of the case. Typically, personal injury claims, including those related to boating accidents, must be filed within two years from the date of the accident. However, it's important to consult a legal professional to understand the specific deadlines that apply to your case, as there may be exceptions or circumstances that could affect the time frame for filing your claim.
