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.

Bayesian’s Tragic Sinking: A Stark Reminder of the Dangers of Unpredictable Weather at Sea

When it comes to maritime safety, two of the most feared risks for both experienced mariners and casual boaters are fire and sinking. While lightning is also a concern, it generally falls under the broader category of hazardous weather. Mariners respect the weather for its unpredictable nature, knowing that it can shift from calm to life-threatening in an instant.

Bayesian: A Tragedy off the Coast of Sicily

The recent sinking of the Bayesian, a 184-foot vessel owned by British tech magnate Mike Lynch, off the coast of Sicily, is a sobering reminder of the dangers of sudden weather changes at sea. The vessel was caught off guard by an unexpected squall, accompanied by a waterspout, that led to its tragic sinking. Of the 22 people on board, 15 survived, six were confirmed dead, and one remains missing at the time of this writing.

The Unpredictability of Weather at Sea

Each year, vessels of all sizes report severe weather events that can have catastrophic consequences. While larger ships, like cruise liners, often encounter rogue waves without incident, the same cannot always be said for smaller vessels. Certain regions are notorious for their volatile weather patterns; Cape Hatteras, North Carolina, for instance, is known as the "Graveyard of the Atlantic" due to the frequent and rapidly developing storms in the area. The Caribbean is another region where severe squalls can arise suddenly, reaching tropical storm or even hurricane strength within hours—or even minutes—often leaving devastation in their wake.

Modern Weather Monitoring and Safety Equipment

Today’s vessels are equipped with advanced safety gear and electronics designed to predict and mitigate the risks posed by severe weather. Weather tracking software, integrated with the vessel’s multi-function display and radar systems, provides real-time updates on developing weather conditions. Additionally, numerous online platforms offer marine forecasts that are essential for safe passage. Before setting sail, it is crucial to check these forecasts to avoid unnecessary risks.

However, not all weather is predictable. While some services, like SiriusXM Weather, claim to detect these disturbances, their effectiveness remains uncertain. The tragic loss of the Bayesian may well have been preventable if more accurate weather predictions were available.

A Firsthand Account of Weather’s Wrath

The author recalls a recent harrowing experience while crossing the Northeast Providence Channel en route to the Bahamas. Midway through what had been a calm journey, a micro-cell of weather suddenly developed, transforming the sea state from near-flat calm to chaotic 8-foot waves, lightning, and gale-force winds. Despite careful planning and weather checks, there was no indication of the impending storm, illustrating the unpredictable nature of the sea—a reality that also led to the sinking of the Bayesian.

Strategies for Weathering the Storm

When faced with severe weather, the best course of action for any captain is to turn into the storm, reduce speed to maintain steerage, and prepare to ride it out. All navigation and safety lights should be turned on, including flood and spreader lights, to enhance visibility. Secure all gear, and ensure that passengers and crew find safe positions to minimize the risk of injury. Modern vessels are often equipped with a bonding system to safely discharge electricity in the event of a lightning strike, which helps protect both the vessel and its occupants from severe damage.

Bilge pumps are another critical safety feature. Multiple high-capacity bilge pumps with reliable switches are essential for any ocean-going vessel, as they play a vital role in preventing a boat from sinking, especially in severe weather.

Minimizing Risks from Unpredictable Weather

The tragic events in Italy serve as a powerful reminder of nature’s unpredictability and the impact of weather on all vessels, regardless of size or equipment. Ensuring safety at sea involves thorough pre-cruise planning, constant situational awareness, and diligent weather monitoring. By following these steps, a conscientious captain can improve the odds of navigating through severe weather events, potentially avoiding injury and minimizing damage to the vessel.