Understanding Negligent Entrustment of a Boat to Underage, Intoxicated Individuals

Operating a boat comes with a significant responsibility for the safety of everyone on board and the surrounding public. However, boating accidents remain prevalent, often involving young or inexperienced operators.

A specific legal issue that frequently arises in such incidents is negligent entrustment of a boat, often when alcohol and minors - those aged under 21 years old- are involved. If the operator of a boat allows an underage individual to operate the vessel after they have consumed alcohol, and an accident occurs, they could be liable for negligent entrustment.

Defining “Under the Influence” In the Eyes of the Law

In the state of Florida (under Florida Statutes § 322.2616), a person under the age of 21 is considered under the influence of alcohol if they have a blood-alcohol concentration (BAC) of 0.02 or higher. This is notably lower than the legal BAC threshold for individuals over the age of 21, which is 0.08 (Florida Statutes § 316.193). Reaching a BAC of 0.02 may take as little as 12 oz of beer, 5 oz of wine, or a 1.5 oz shot of spirits. Any underage individual who consumes alcohol on a boat not only endangers themselves but puts the safety of others at risk.

Operating a boat while intoxicated is illegal and considered as serious as driving a car or land-based vehicle under the influence (DUI). Boat owners, including parents, providing access to minors who might consume alcohol, even a small amount – say one beer, and operate a vessel are taking a significant and preventable risk.

What Is Negligent Entrustment?

Negligent entrustment occurs when an individual (the "entrustor") provides another party (the "entrustee") access to a potentially dangerous object, such as a vehicle or boat, in circumstances where the entrustor knew, or should have known, the entrustee might use it irresponsibly or dangerously.

When applied to boating, negligent entrustment occurs if the boat owner knowingly allows:

Negligent entrustment opens the entrustor to legal liability for any resulting accidents, potentially creating devastating legal, financial, or personal repercussions for boat owners.

Filing a Claim for Negligent Entrustment

Under Florida law, negligent entrustment is a civil tort claim. The injured party can sue the entrustor if they can prove the following elements:

  1. Ownership or control over the boat by the entrustor.
  2. Knowledge or reason to believe that the person entrusted posed a risk of harm due to inexperience, intoxication, or irresponsibility.
  3. The entrustor gave permission or allowed access to operate the boat despite these risks.
  4. The entrusted person’s use of the boat caused an accident or injury.

For example, in a recent case, a parent allowed their 18-year-old son to take out the family speedboat with friends for a weekend trip. The parent observed alcohol in the son’s vehicle but said nothing. The son later operated the boat while intoxicated and caused a collision with another vessel, severely injuring multiple people. The parent was held financially and legally accountable for deliberately ignoring red flags.

Boat owners must not knowingly allow, and should take reasonable steps to prohibit, the operation of a boat by any underage individuals who have consumed an alcoholic drink. It is not a valid legal defense for a boat owner to claim that they did not know an underage individual drank alcohol.

Legal Consequences of Negligent Entrustment

Consequences for negligent entrustment vary by state but typically include:

How Boat Owners and Parents Can Protect Themselves

Avoiding negligent entrustment is not just about legal protection. It is also a moral obligation to ensure safety. Boat owners should monitor what alcohol is brought onto their boat and who is consuming it. If the boat stops at a dock, restaurant, sandbar, raft up, or other location, they should monitor what their underage passengers are doing or, if that is not possible, make sure they are the only person who operates the boat. Ultimately, a boat owner keeping sole control of the boat may be the only way to ensure that a minor does not consume alcohol and drive the boat.

Be vigilant and firm in refusing access to your boat if there are any signs of underage drinking. Set clear rules, ensuring minors understand the serious consequences of drinking while operating a boat.

Boat rental companies should confirm they are renting to legal, safe operators, and always:

For example, a boat rental company (also called a livery) could be sued under negligent entrustment laws for renting a watercraft to a group of college students who were carrying coolers filled with beer if the boat rental company failed to properly instruct them on safe operation and verify their boating license.

Protecting Lives and Liability

Negligent entrustment of a boat can permanently change lives—for the worse. By ensuring responsible use of your vessel and adhering to safety protocols, you can protect your loved ones, passengers, and others on the water.

If you own a boat, it’s critical to establish clear policies and enforce them rigorously. Negligent entrustment is preventable when the right precautions are in place.

Navigating negligent entrustment claims requires a deep understanding of both state and federal maritime laws. Hiring an experienced maritime attorney to explore and address the nuances of liability claims can help ensure justice for those involved and get victims the compensation they deserve. At Mase Seitz Briggs we have experience handling boat-related negligent entrustment claims. If you or a loved one were the victim of an incident involving negligent entrustment, call us today to discuss your options.

A Tourist’s Guide to Miami Boat Accidents

Miami is well known as a travel destination for a variety of reasons. From its high-end shopping malls to the vibrant nightlife that has partygoers out until the wee hours of the morning, there is no shortage of things to do. However, for many that visit Miami, heading out to the iconic South Beach or spending a day out on the crystal-clear waters is at the top of their to-do list.

While most boating activities take place without incident, the reality is that accidents happen while out on the water. From boating collisions to falling overboard, it is crucial to understand how to respond in a time of crisis.

Act Fast After a Boating Accident

Boating accidents are inherently dangerous and can escalate within moments. Keeping calm and being prepared to take quick, informed action can prevent a situation from worsening. Safety on boats begins before an accident even happens. Make sure you always have a life jacket or other personal flotation device on when operating or riding on a boat.

If you are involved in a boating accident, remember the following steps:

1. Ensure Your Safety

The first and most critical step is getting to safety. Whether you are alone or with others when the accident occurs, make sure you prioritize getting yourself out of harm's way.

2. Assist Others if Possible

Once you are safe, assist other passengers that were involved in the accident. If other people are in the water and you are safely aboard a vessel, toss them a life ring or other flotation device. If a life jacket or life ring is unavailable, consider using cushions from the boat. These are often designed to be used as removeable flotation devices. Before you leave dry land, it is good practice to ask your captain where the life ring is located and whether the seat cushions can be used as flotation devices in case of emergency.

If you have the proper training, administer basic first aid or CPR to those in need until professional help arrives. There are laws that protect Good Samaritans in Florida, so assisting others is both encouraged and legally supported. Florida’s Good Samaritan Law (Florida Statute 768.13) allows any person, even medical practitioners, to render care in response to an emergency without risking legal repercussions.

3. Call for Emergency Assistance

Unlike land-based accidents, out on the water, there are different authorities and organizations that provide emergency services in dangerous situations.

The United States Coast Guard (“USCG”) should be contacted following a boating accident. The best way to contact them is by VHF radio on channel 16. If a VHF radio is unavailable, call 911 and let the operator know you were involved in a marine-based accident so your call can be routed appropriately. Channel 16 is a marine radio frequency designated for international distress. You can use this channel in any location around the world. If your boat does not have a VHF radio and a cell phone is unavailable, ask the nearest vessel to contact the USCG.

The USCG patrols the South Florida waters and will contact other necessary authorities to assist in your situation. An authority that the USCG will often contact in an emergency is the Marine Patrol which is a specialized operations unit of the Police Department.

Time is critical, and providing detailed information can make response times faster. Do not be afraid to give authorities details relating to your accident.

4. Document the Accident

Accurate documentation is essential, both for legal and insurance purposes. Once everyone is safe and help is on the way, gather as much information as you can about the accident.

5. Seek Medical Attention

Even if your injuries feel minor, it is critical to seek a professional medical evaluation. Water accidents can cause damage or internal injuries that aren’t always visible. Delayed treatment can lead to worsening conditions and gaps in injury claims.

Inform your medical provider that your injuries occurred during a water-related accident so they can document it appropriately. Be sure to keep records of all medical reports and bills.

6. Report the Accident

Under Florida Statute 327.30, boating accidents involving injury, death, property damage of $2,000+, or a missing person must be reported to the Florida Fish and Wildlife Conservation Commission, the sheriff of the county within which the accident occurred, or the police chief of the municipality within which the accident occurred.

Depending on where the accident occurred you may also need to notify the local police department or the sheriff’s office. If the vessel involved was rented, notify the rental company immediately. They may have additional reporting protocols and requirements to complete.

It is important to report accidents involving injury or property damage in a timely manner. Failing to report accidents involving injury is a third-degree felony. Failing to report accidents solely involving property damage is a second-degree misdemeanor.

7. Contact a Maritime Attorney to Better Understand Your Legal Rights

Navigating the aftermath of a boating accident can be overwhelming. Whether it's dealing with liability issues or potential lawsuits, having a clear understanding of your legal rights is essential.

Many people do not realize that accidents on the water fall under a different set of laws due to maritime jurisdiction. It is crucial that you contact an experienced maritime attorney like the team at Mase Seitz Briggs if you believe you have a legal claim. Determining fault in boating accidents can be complex, involving factors like negligence, equipment failure, or legal violations. If you believe you have claims against the boat operator, or any other party involved in your boating accident, contact us for a free case evaluation. 

Spring Break on the Water: Activities, Risks, and Avoiding Disaster

Spring break is a time for relaxation, adventure, and new experiences—often enjoyed on the water. From parasailing to wakeboarding, tourists and spring breakers flock to coastal cities like Miami to try their hand at exciting water sports and recreational boating. However, these activities come with risks, especially for those unfamiliar with proper safety measures or relying on inexperienced or incompetent  providers.

If you are heading out for some aquatic fun, it is important to learn about potential dangers, safety precautions, and the steps you should take if an accident occurs. Below is your guide to making your spring break one to remember—for all the right reasons.

Why Spring Breakers Face Increased Risks in Miami Waters

Spring break sees a surge in water sports and boating activity, with many participants being first-timers. While the excitement of trying new things is contagious, inexperience is one of the leading causes of accidents during this period. 

Here’s why spring breakers may be more vulnerable:

Understanding these risks is the first step toward prevention.

Popular Spring Break Activities in Miami

  1. Boating

Renting or chartering a boat is a popular spring break activity. With a variety of waterways and vessel types, there is a boating adventure suitable for everyone. Whether it is a relaxing pontoon ride or a high-speed adventure, accidents – including collisions and overboard falls – are all too common. The U.S. Coast Guard frequently cites alcohol and inattention as primary causes of boating incidents.

  1. Jet Skiing

Jet Skiing is the perfect activity for any adrenaline junkie. The thrill of maneuvering a powerful jet ski across the water gives an unmatched sense of freedom and excitement. However, due to high speeds these vehicles can reach, collisions with other watercraft and potential injuries from falls make safety precautions essential for jet skiing enthusiasts.

  1. Parasailing

Parasailing offers unmatched views. However, it also comes with risks such as equipment failure, rough weather, or inadequate operator training. Malfunctioning equipment, improper launch spots, or flying too close to other boats or structures can lead to severe injuries.

  1. Scuba Diving

Exploring underwater ecosystems is a bucket-list activity for many, but scuba diving requires experience and certifications. Accidents can occur due to equipment failure, improper training, or inexperienced guides. Decompression sickness, commonly known as “the bends,” is a serious risk without proper preparation.

What to Look for When Choosing a Watersport Activity Provider

Spring breakers can have a thrilling or relaxing spring break and there is a water sport activity for everyone. However, when choosing your water sport activity, you should consider:

Vessel and Equipment Condition

Water sport accidents can occur due to equipment failure, improper training, or inexperienced guides. Make sure your equipment has been inspected, and you know how to operate it.  Even if you are not an expert, there are some easy questions you can ask yourself and things you should look for when examining your equipment and the vessel you are on.

For any water sport, you should check your gear and equipment to assess if it is in serviceable condition and does not look overused, old, or damaged. For example, if ropes are involved, look for signs of damage like cuts, abrasions, fraying, exposed core, flat spots, discoloration, or excessive wear.

Scuba diving requires a variety of gear including tanks, regulator, BCD, mask, wetsuit, and fins. Given their critical nature, inspecting your scuba tank, regulator and BCD should be a priority.  Scuba tanks must go through two inspections. First, the tanks should be visually inspected by a certified professional. A properly inspected tank will have a sticker with the date of this visual inspection (VIP)–be sure to check for it. Second, hydrostatic testing must be performed every five years. Tanks that have passed this inspection will have a stamp in the tank itself on the top near the valve with the date it was last completed. 

Boating Licenses

Ensure that whoever is operating a rented boat has a valid boating license and understands local navigation rules. Operators born after January 1, 1988, are required to have completed a Boater’s Safety Course to operate a boat in Florida, although certain exceptions apply. If chartering a boat, the charter operator needs a valid Captain’s License or Charter Boat License, issued by the United States Coast Guard. You may ask the charter company or crew to show you proof they do.

Crewed Charters

Opt for a crewed boat if no one in your group has the required experience. Verify the captain’s credentials for peace of mind.  Observe the crew and how they operate. Do they operate smoothly?  Do they seem to know where everything is? 

Safety Equipment

Before you sail off for a boat day or go off on a jet ski excursion, confirm the presence of life jackets (and that there are enough for all passengers), fire extinguishers, flares, and a first-aid kit on board. You should always know where the throw cushion /life ring is located, in case someone falls into the water or needs help. Always be prepared to throw it into the water in case of an emergency. If scuba diving, ask about the dive flags.

Preparation is key to avoiding preventable incidents or minimizing injuries in the event of an accident.

How to Choose a Reliable Water Sports Company or Charter:

Ensuring your safety starts with choosing a reputable company or charter for your activities. Beyond just browsing for the highest-rated operators on Google or Yelp, here is what to look for:

  1. Certifications and Licenses

Verify the company’s certifications, licenses, and adherence to local and federal maritime regulations. Operators conducting scuba excursions or parasailing must possess proper training and credentials. Asking about required certifications, licenses, and credentials can help ensure a safe spring break. 

  1. Safety Standards

Confirm that equipment checks are routine and that safety protocols are strictly followed. Ask about maintenance routines and emergency plans.

  1. Reviews and Recommendations

While it should not be the only factor in choosing an operator, checking online reviews on platforms like Google and TripAdvisor can provide valuable insight into past customers’ experiences. Beyond prioritizing positive feedback about safety, staff knowledge, and professionalism, you should also carefully examine negative reviews and their specific complaints. If these reviews relate to the safety and operation of the vessel or water sport in a manner that raises red flags, you should consider choosing a different operator.

  1. Crew Training

If you are chartering a boat or enjoying a water sport activity, ensure the crew or guide are well-trained, experienced, and certified. The captain or guide should have a clear understanding of safety, navigation, and operation of their vessel; they should also have knowledge of expected local weather conditions. Discussing these topics with the crew and/or captain can provide an indication of their familiarity with the activity you are signing up for and their competence.

Selecting the right provider can be the difference between an unforgettable experience and a life-altering accident.

Plan an Exciting and Safe Spring Break Adventure

Spring break is an exciting time to explore new activities and create lasting memories, especially on the water. However, the risks associated with water sports and boating require planning, adherence to safety guidelines and choosing reliable providers. Alcohol and drug use, and increased in tourism during Spring Break often increases the number of people injured on the water in South Florida. If you are injured in water sport accident you may be able to file a personal injury lawsuit against a liable party.

If you or a loved one have been injured due to negligence during a spring break activity, Mase Seitz Briggs is here to help. Our lawyers specialize in maritime law and are ready to advocate for you. Contact us today for a consultation—and take the first step toward justice and recovery.

What is Maritime Law, and Does it Apply to My Boating Accident?

If you’ve been involved in a boating accident in Miami, whether on a personal boat, jet ski, or commercial vessel, you may be wondering if maritime law applies to your case. Understanding maritime law is crucial, as it differs from state laws and can significantly impact your rights and compensation.

What is Maritime Law?

General maritime law is drawn from federal and state law, and is a combination of traditional common-law rules, modifications of those rules, and newly created rules. Also known as admiralty law, it governs activities on navigable waters, including oceans, rivers, and large lakes. This legal framework is designed to ensure safety, fairness, and accountability on the water, covering issues such as:

Does Maritime Law Apply to My Boating Accident?

Whether maritime law applies depends on two key factors:

1. Location of the Accident (Navigable Waters)

Maritime law generally applies to boating accidents on navigable waters, which include:

If the accident occurred on private property or a small inland waterway, state or local laws may apply instead.

2. Type of Vessel Involved

Maritime law covers a variety of vessels, including:

For commercial vessel workers, laws like the Jones Act provide additional protections, allowing injured maritime workers to sue their employers for negligence.

Who is Liable in a Boating Accident?

If you were injured due to someone else’s negligence, maritime law may allow you to seek compensation from:

Why You Need a Maritime Lawyer for Your Boating Accident Case

Maritime law is complex, and successfully navigating a boating injury claim requires legal expertise. A Miami maritime lawyer can:

Get Help for Your Boating Accident Today

At Mase Seitz Briggs, our Miami maritime lawyers have decades of experience helping boating accident victims recover the compensation they deserve. If you or a loved one has been injured in a boating accident, don’t wait—contact us today for a free consultation.

Call now to speak with an experienced maritime attorney. Protect your rights and get the justice you deserve.

Can I Legally Drink While Operating a Boat?

Boating is a fun and exciting activity, especially in beautiful places like South Florida. The wind in your hair, the sunshine on your skin, and the sound of water beneath you can make for a perfect day. But when it comes to drinking alcohol and operating a boat, things can quickly take a dangerous turn. It's important to understand the risks and laws to stay safe on the water. While it is legal to drink alcohol while operating a boat, just like driving a car, it is illegal to do so with a blood alcohol level of .08% or higher.

Alcohol Consumption is a Leading Cause of Boat Accidents

One of the most common contributing factors to boating accidents is alcohol use. The Florida Fish and Wildlife Commission reports that 23% of boating fatalities in Florida can be attributed to boating under the influence. Impaired judgment, slowed reaction times, and reduced coordination are just some of the ways alcohol or drugs can turn a great day on the water into a devastating tragedy. Other causes of boating accidents include operator inexperience, becoming distracted (put that cell phone down), speeding, lack of proper safety equipment, and ignoring navigational rules. By recognizing and addressing these risks, and avoiding excess alcohol consumption while operating a vessel, you can reduce the chances of an accident and injuries on the water.

What Is BUI?

BUI stands for Boating Under the Influence. Just like a DUI (Driving Under the Influence) on land, a BUI is when someone operates a boat while they’ve been drinking alcohol to excess or taking illegal drugs. In Florida, it is legal to drink and operate a boat, but it's illegal to do so with a blood alcohol level (BAC) of 0.08% or higher. If you're caught boating under the influence, you can face serious penalties, including fines, losing your boating license, and jail time.

What Are the Implications of Boating Under the Influence?

Boating under the influence doesn’t just break the law; it unnecessarily puts innocent lives at risk. Alcohol makes it harder to steer the boat, properly communicate, and react to emergencies. It also increases the risk of falling overboard, which can lead to drowning. Boating while intoxicated can ruin a fun day and turn it into a tragedy.

Here in South Florida, we’ve seen firsthand the dangers of boating under the influence. One of the most well-known cases was the tragic death of MLB pitcher Jose Fernandez. Fernandez was operating a boat at high speed while under the influence of alcohol and cocaine. The accident not only claimed his life but also the lives of two other passengers. This heartbreaking and entirely preventable crash is a stark reminder of the consequences of boating under the influence. Sadly, it is a story that repeats itself as seen in recent boating accidents where alcohol consumption was also a critical contributing factor.

Stay Safe and Responsible

If you’re planning a day on the water, plan to stay safe. Pick a designated sober boat operator, just like you would with a car. It used to be legal in Florida to drink and drive a car. Some liquor stores even had drive throughs where you could buy alcohol, mixers and get a free cup of ice with a stirrer. Times changed and most states, including Florida, cracked down on DUIs. As part of this effort drinking alcohol while driving a motor vehicle on land-even if you were not intoxicated, was made illegal. Operating a boat is as dangerous as driving a car, in some ways it is even more so.  With the increase in boat ownership in South Florida, there has been an increase in boating accidents. Do your part and drive (your boat) sober. South Florida’s waterways are meant to be enjoyed, but safety comes first. By staying responsible, you can ensure a fun, memorable, and safe boating experience.

Contact Mase Seitz Briggs Today

Boating under the influence can lead to serious accidents, injuries, and legal trouble. Learn from tragic cases like Jose Fernandez’s and prioritize safety for yourself and others on the water. Make sound decisions before stepping onto a boat, because one good choice can save lives.

If you or a loved one has been injured in a boating accident, you deserve justice and compensation for your suffering. Our experienced maritime attorneys understand the complexities of boating accident cases and are dedicated to fighting for your rights. We have handled countless cases representing boating accident victims. Don’t wait, time is critical in these cases. Contact us today for a free consultation and take the first step toward protecting your future.

Do I Need a License to Operate a Boat in Florida?

Florida is the Boating Capital of the World, boasting over one million registered vessels—more than any other state. However, Florida also leads the nation in boating accidents, injuries, and fatalities. For South Florida boaters, this is especially concerning, as statistics show Miami and the Florida Keys rank among the deadliest locations for boating accidents.

Many boating accidents stem from failure to follow basic safety rules. Unlike driving a car, Florida does not require a state-issued boating license, making safety education all the more crucial.

Florida Boating Laws & Requirements

In Florida, a person must be 16 years old to drive a car, complete a drug and alcohol course, pass a written test, and prove driving proficiency. However, boating laws are far more relaxed. Florida does not mandate a boating license; instead, certain individuals must take a boating safety course.

Who Needs a Boating Safety Card?

As of 2010, Florida law requires boaters born on or after January 1, 1988, to obtain a Boating Safety Education Identification Card to legally operate a vessel with 10 or more horsepower. This card is earned by completing a National Association of State Boating Law Administrators (NASBLA)-approved course and remains valid for life.

Unlike driving a car, no proficiency test is required before taking a boat out on the water. This raises safety concerns, as the Florida Fish and Wildlife Conservation Commission (FWC) reports that 80% of operators involved in fatal boating accidents in 2023 had no formal boating education.

Boating License Requirements in Other States

Florida is not alone in its lenient license requirements. Only one state—Alabama—requires an actual boating license. Thirty-six states, including Florida, require some form of boater education but do not mandate a formal license. Non-residents in Florida can comply by carrying proof of a NASBLA-approved course or by passing a temporary certification exam, valid for 90 days.

Who Is Exempt from the Boating Safety Education Requirement?

Certain individuals do not need a Boating Safety Education ID Card, including:

How Are Florida Boating Laws Enforced?

The Florida Fish and Wildlife Conservation Commission (FWC) and law enforcement partners (including the marine patrol) enforce boating regulations. Failure to comply with the Boating Safety Education ID Card requirement can lead to fines of up to $1,000.

Some states, such as New York, allow individuals who complete a safety course to add a boating icon to their driver’s license for easy verification. Florida may benefit from implementing a similar system.

Boating Safety & Legal Protection

Boating is a beloved pastime in Florida, but safety must always come first. While Florida’s boater safety education laws are a step in the right direction, more can be done to prevent accidents and fatalities.

If you or a loved one is injured in a boating accident, the experienced maritime attorneys at Mase Seitz Briggs are here to protect your rights. Contact us today for expert legal representation in boating injury claims.