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:

A minor to operate the boat without sufficient experience or capability.
Anyone to operate the boat while under the influence.

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:

Ownership or control over the boat by the entrustor.
Knowledge or reason to believe that the person entrusted posed a risk of harm due to inexperience, intoxication, or irresponsibility.
The entrustor gave permission or allowed access to operate the boat despite these risks.
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:

Civil Liability: Compensation for medical expenses, property damage, or pain and suffering to injured parties.
Civil Penalties: Families of victims may file wrongful death lawsuits or personal injury claims.
Criminal Consequences: Depending on the state, allowing a minor to operate your boat could lead to criminal charges, including reckless endangerment.
Insurance Complications: Some insurance policies will not cover liability if the accident occurred due to a criminal act, potentially leaving the boat owner personally accountable.

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:

Check ID to confirm the operator’s age.
Require proof of previous boating experience or education.
Set strict alcohol use policies in your rental agreement.

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.

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:

Lack of preparation and inexperience: Many tourists do activities that they have never tried, without proper training or safety briefings.
Overcrowded Waters: High tourist volume increases the likelihood of collisions and incidents.
Alcohol Consumption: Alcohol often plays a role in accidents, impairing judgment and reaction times.
Rushed Operations: With demand peaking during spring break, some businesses prioritize quantity over safety, cutting corners in passenger or crew training, equipment maintenance, or safety protocols.

Understanding these risks is the first step toward prevention.

Popular Spring Break Activities in Miami

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.

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.

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.

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.

Do the vessel(s) and equipment look well-maintained?
Is there anything that looks like it is in poor condition?
Does the vessel have any signs of leaks or areas where oil or grease is dripping?

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:

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.

Safety Standards

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

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.

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:

Boating accidents and injuries
Ship navigation and safety regulations
Liability and compensation for victims
Pollution and environmental protection

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:

Oceans and coastal waters
Major rivers and bays, such as Biscayne Bay
Lakes and waterways used for commerce

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:

Recreational boats (motorboats, sailboats, pontoon boats)
Personal watercraft (Jet Ski, Sea-Doo, WaveRunner)
Commercial vessels (cargo ships, cruise ships, tankers)

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:

Negligent, reckless or intoxicated boat operators
Boat owners who allowed an unqualified operator to use their boat or otherwise failed to maintain safe conditions
Boat rental companies (liveries) that did not provide proper instruction, training or equipment

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:

Determine if maritime law applies to your case
Investigate the accident and prove negligence
Handle negotiations with insurance companies
Pursue maximum compensation for your injuries, medical bills, lost wages, and pain and suffering

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.

How to Avoid Jet Ski Accidents

Staying Safe on a Personal Watercraft in Miami

Jet skis or personal watercraft (PWC) are some of the most popular rentals in South Florida. Unfortunately, these vessels can be dangerous in the hands of an inexperienced or inattentive operator. Speeding and failing to follow safety instructions are two of the leading causes of PWC accidents in the state.

If you are involved in a jet ski accident, you need an experienced attorney that can help you understand your rights and pursue legal action against a liable party. At Mase Mebane Seitz, we represent individuals who have been injured or lost a loved one in jet ski accidents in Miami and throughout South Florida. Contact our office at (305) 487-8863 for a free consultation.

Jet Ski Safety Tips

Jet skis are powerful personal watercraft (PWC) that can cause serious injury or even death if not operated correctly. Operators of PWC are particularly susceptible to harm since they share the water with much larger vessels and have little protection. If you do plan to take a jet ski out on the water, be sure to follow all of the safety instructions and ask for an on-the-water demonstration if you are renting one.

Jet skiing safety tips:

Consider taking a boating safety course;
Wear a life jacket or personal flotation device (PFD);
Do not operate a jet ski under the influence of alcohol or drugs;
If you have a passenger, make sure that they are holding on tightly and are ready to go before you start;
Review safety instructions and ask for a demonstration before renting or purchasing the device;
Never operate in shallow water;
Pay attention to swimmers and other vessels on the water; and
Watch the weather.

When operating a PWC, safety should be your first priority. Make sure that you know the area where you will be riding and that you have checked for inclement weather. Rough waters can cause your jet ski to stall or turn over; always head back to shore or your boat if the weather or water conditions are unfavorable.

Recent Jet Ski Accident

Jet ski accidents happen frequently in Miami. Two people were hospitalized in a recent personal watercraft crash in Biscayne Bay, according to Miami WSVN. The collision occurred near Pace Picnic Park. While it is unclear what caused the accident, both victims were seriously injured. One person was airlifted to a nearby trauma center, while another was transported to a local hospital.

If you are involved in a jet ski accident, you should consult an attorney to determine if you have a valid claim for damages.

Hiring a Jet Ski Accident Attorney

Contact our office at (305) 487-8863 for a free, no-obligation consultation if you have been injured in a jet ski or personal watercraft accident near Miami, Florida. Our lawyers can help you navigate the legal process and assist you in obtaining compensation for your losses. Do not wait; call now to discuss your case with a qualified member of our legal team.

Can I Sue the Boat Rental Company for My Injuries?

Your Right to Compensation After a Rental Boat Accident

Renting a boat is one of the most popular activities for Miami tourists. The near-perfect year-round weather, warm water temperatures, and white sandy beaches make boat rentals a popular attraction throughout South Florida. But what happens when you are injured in a boat rental accident? Can you sue the boat rental company for your injuries?

At Mase Mebane Seitz, we help people who have been hurt in boating accidents in South Florida. Our trial lawyers can help you understand your rights and whether you should hold the driver or the rental company liable after a collision. If you were injured in a Miami boat crash, contact our office at (305) 487-8863 for a free case evaluation.

Suing the Boat Rental Company After an Accident

If you are injured in a rental boat accident, you might be entitled to compensation for your injuries. Depending on the circumstances of the case, one or more parties may be liable for your damages. However, the best way to ensure that you receive the financial recovery you deserve is to retain an experienced boating accident lawyer.

Unfortunately, there are limited regulations on renting a boat in South Florida. This means that many inexperienced boat operators take to the waters each year. Inadequate training is one of the leading causes of boating accidents in the state.

A boat rental company may be held liable for injuries resulting from their failure to adequately train the renter or if they rented to a person who was obviously unable to operate the boat safely (i.e., they were intoxicated). Boat rental companies may also be held legally responsible if they provide a vessel that is unseaworthy.

Staying Safe on the Water

When renting a boat in Miami, you want to be sure that you are choosing a reputable company. Following a rental boat safety checklist before getting on the water can help keep you and others safe.

Look for a livery (boat rental company) that is properly insured and that provides proper safety training and gear. You will also want to get detailed pre-rental instructions as well as an on-the-water demonstration.

The more you know about the vessel that you will be operating, the better you will be prepared if there is an emergency. Do your research, take a boater safety course, and follow all regulations before you step foot on a vessel.

Hiring a Boating Accident Attorney

Were you injured in a rental boat accident? Contact our office at (305) 487-8863 for a free consultation. Our dedicated attorneys can help evaluate your claim to determine if you are eligible to receive compensation for your injuries. Do not wait until it is too late, as you only have a limited amount of time to file for damages.

Do not settle your case for less than it is worth. At Mase Mebane Seitz, we have represented thousands of injured parties, recovering millions of dollars on their behalf. Get the superior representation you need and deserve. Call now to discuss how much your case is worth.