Can I Sue a Scuba Diving Company After an Accident in Florida?

Yes, you may be able to sue a scuba diving company after an accident in Florida. Whether you have a good case depends on what caused the incident, whether the dive operator or another party failed to act reasonably, and whether that failure caused your injuries.

These cases are rarely straightforward. Scuba diving involves risks, and commercial dive companies usually require divers to sign liability waivers before boarding the vessel. Many Florida Keys excursions also take place aboard passenger vessels operating on navigable waters, which means federal maritime law may apply in addition to Florida law.

A signed waiver can create a serious legal challenge, but it does not necessarily answer every question about liability. The language of the agreement, the parties it protects, the conduct that caused the injury, and the law governing the claim must all be evaluated.

When May a Scuba Diving Company Be Liable?

A dive operator is not automatically responsible whenever a participant is injured. Scuba diving inherently involves risks to participants’ wellbeing, including pressure changes, currents, limited visibility, physical exertion, equipment dependency, marine life, and other dangers that cannot be completely eliminated.

The more important legal question is whether the operator created an unnecessary hazard, failed to take reasonable precautions, or responded improperly when a problem arose.

For example, a recently certified diver may knowingly accept the ordinary risks of entering open water. That does not necessarily mean the diver accepts being taken to a site with conditions far beyond their training, being provided with poorly maintained equipment, or being left in the water because the crew failed to perform an accurate head count.

A potential negligence claim may arise when a commercial dive company fails to properly maintain rental equipment, supplies contaminated breathing gas, conducts an inadequate safety briefing, ignores unsafe marine conditions, or takes divers to depths or sites that are unsuitable for their experience.

Liability may also arise when a captain or crew operates the vessel dangerously around divers, fails to use required divers-down warning devices, lacks appropriate emergency equipment, or delays responding to a missing or distressed participant.

No single fact automatically establishes negligence. The dive plan, weather, current, visibility, participant experience, equipment condition, crew conduct, emergency response, and sequence of events must be considered together.

The Difference Between an Inherent Risk and Negligence

The distinction between an inherent diving risk and operator negligence is often the central dispute in a scuba accident case.

An inherent risk is a danger that remains even when an excursion is planned and conducted responsibly. A diver may unexpectedly experience anxiety underwater, have difficulty equalizing pressure, become fatigued, or encounter a changing current. An injury caused solely by one of those recognized risks may not support a claim against the company.

Negligence involves a preventable failure to use reasonable care. Sending an inexperienced diver into known hazardous conditions, performing a disorganized rescue, failing to communicate the dive plan, or moving the vessel before every diver is accounted for may present very different legal issues.

Dive companies and their insurers frequently argue that an injured participant accepted the risk, failed to follow instructions, exceeded certification limits, concealed a medical condition, misused equipment, or caused the emergency through poor decisions.

Those defenses make evidence particularly important. Dive computer data, witness accounts, equipment condition, vessel records, safety briefings, weather information, and crew communications may help determine whether the accident resulted from an unavoidable risk or a preventable failure.

What Should You Consider When Choosing a Florida Keys Dive Company?

Scuba diving is a major part of the tourism economy throughout Key Largo, Islamorada, Marathon, the Lower Keys, and Key West. Visitors may have dozens of operators to choose from, but price, convenience, and online ratings should not be the only considerations.

Before booking, ask the company practical questions about its vessel, personnel, equipment, and emergency procedures:

Does the captain hold the credentials required to carry paying passengers?
Are the instructors and divemasters currently certified and familiar with the planned dive site?
How often are regulators, buoyancy compensators, tanks, gauges, valves, and weight systems inspected and serviced?
Does the vessel carry emergency oxygen, first-aid supplies, reliable marine communications, and appropriate flotation equipment?
How does the crew track divers entering and exiting the water?
What is the company’s procedure for a distressed diver, a missing diver, decompression illness, equipment failure, or medical emergency?
How does the operator decide whether weather, current, visibility, and wave conditions are appropriate for the group?
Will the company change the site, modify the dive plan, or cancel the trip when conditions are unsafe?

A reputable operator should be willing to answer these questions directly. Evasive responses, visibly disorganized equipment, rushed safety briefings, overcrowded vessels, or pressure to participate despite uncomfortable conditions may be warning signs.

The crew should also evaluate whether the planned dive is appropriate for each participant’s certification, experience, recent diving history, physical condition, and comfort level. A certification card alone does not establish that every diver is prepared for every site.

Common Scuba Diving Accidents and Injuries

Scuba accidents may result from events underwater, failures aboard the dive boat, equipment problems, medical complications, or an inadequate rescue response.

Decompression sickness

Decompression sickness can occur when dissolved gas forms bubbles in the body after a reduction in pressure. Symptoms may include joint pain, dizziness, weakness, numbness, confusion, breathing difficulty, impaired coordination, or loss of consciousness.

Symptoms do not always appear immediately. A diver may begin feeling ill after returning to the boat or shore, making prompt medical evaluation especially important.

Arterial gas embolism

An arterial gas embolism can occur when gas enters the arterial circulation. It may result in sudden neurological, respiratory, or cardiovascular symptoms and can become life-threatening.

Rapid ascent, pulmonary barotrauma, panic, breath-holding, and inadequate instruction may be relevant when investigating how the event occurred.

Drowning and near drowning

A diver may become overwhelmed by panic, exhaustion, strong current, poor visibility, inadequate buoyancy, equipment problems, separation from a buddy, or a medical emergency.

The outcome may depend heavily on how quickly the crew recognizes the distress, reaches the diver, administers oxygen, contacts emergency responders, and begins evacuation.

Barotrauma

Changes in pressure can injure the ears, sinuses, lungs, teeth, and other air-containing spaces in the body. These injuries may occur during descent or ascent and may be associated with rapid pressure changes, panic, equipment complications, or insufficient instruction.

Equipment failures

Regulator malfunctions, leaking tank valves, buoyancy compensator failures, inaccurate gauges, defective dive computers, or problems with weight-release systems can place a diver in immediate danger.

An equipment malfunction does not automatically prove negligence. The investigation may need to determine who supplied the equipment, when it was last inspected, whether prior problems were reported, how it was maintained, and whether the diver used it as instructed.

Divers may be injured when a vessel approaches people in the water improperly, moves before everyone is accounted for, or fails to maintain an appropriate distance from divers-down warning devices.

Other injuries occur aboard the vessel. Wet decks, unsecured tanks, unsafe ladders, inadequate handholds, rough operation, and poorly managed entry or exit procedures can lead to falls, fractures, head injuries, back injuries, and lacerations.

Diver separation or abandonment

A diver can become separated from the group because of current, low visibility, ineffective supervision, inadequate planning, or confusion about the return point.

A separation becomes particularly dangerous when the crew does not promptly recognize that someone is missing. Accurate rosters, head counts, buddy assignments, entry and exit records, and clear communication procedures can be critical.

What If You Signed a Scuba Diving Liability Waiver?

Nearly every commercial dive operator requires participants to sign a release, waiver, assumption-of-risk agreement, or indemnity agreement. Florida courts generally enforce clearly written recreational releases, and a waiver may apply even when it does not use the exact word “negligence.”

However, the existence of a waiver does not necessarily resolve the entire case. The agreement must be reviewed to determine what risks it describes, which businesses and individuals it protects, what claims it attempts to release, and whether the conduct that caused the accident falls within its scope.

The company identified on the waiver may not be the same entity that owned the vessel, employed the captain, rented the equipment, supplied the breathing gas, or provided the instructor. A document protecting one business may not necessarily release every potentially responsible party.

A waiver may also contain provisions addressing where a lawsuit must be filed, which law applies, how quickly notice must be provided, or whether the participant agreed to indemnify another party. Those provisions can be just as important as the release language itself.

Federal maritime law may further affect certain attempts by vessel owners or operators to avoid liability for passenger injuries caused by negligence. Whether those maritime rules apply to a particular dive charter depends on the vessel, voyage, contractual relationships, and facts surrounding the accident.

For these reasons, an injured diver should not assume that the waiver completely eliminates the right to pursue a claim. The document must be analyzed carefully by an attorney familiar with both Florida liability law and federal maritime law.

Who May Be Responsible for a Scuba Diving Accident?

The name displayed on the dive shop, website, or booking confirmation may not identify every business involved in the excursion.

One company may market the trip while another owns the vessel. The captain may work for the vessel owner, while an instructor or divemaster works as an independent contractor. Rental equipment may be supplied or serviced by a separate business, and the breathing gas may come from another provider.

Depending on the cause of the accident, potentially responsible parties may include the dive company, charter operator, vessel owner, captain, instructor, divemaster, equipment rental provider, maintenance contractor, gas supplier, manufacturer, distributor, booking company, or operator of another vessel.

Identifying the correct parties requires examining corporate records, vessel documents, employment relationships, contracts, maintenance records, and insurance policies. This is one reason scuba accident litigation can become significantly more complicated than a typical premises liability or automobile claim.

Does Maritime Law Apply to a Florida Keys Scuba Accident?

Short answer: It may.

Federal maritime law generally applies to certain incidents involving vessels and maritime activity on navigable waters. Commercial dive excursions in the Florida Keys commonly use passenger vessels traveling through coastal and offshore waters, satisfying the navigable waters requirement.

The application of maritime law can affect the duty owed to a diver, the enforceability of contractual provisions, the parties that may be sued, the division of fault, the damages that may be recovered, the proper court, and the deadline for bringing a claim.

Some cases involve a combination of maritime law and Florida law. Different legal rules may govern different issues within the same lawsuit.

A vessel owner may also attempt to initiate a federal limitation proceeding seeking to restrict its financial liability, often called a Limitation of Liability action. Such proceedings can create special filing requirements and shortened deadlines for injured people and their families.

Determining the governing law requires more than simply identifying where the diver entered the water. The vessel’s role, the location of the incident, the activity involved, and the relationships among the parties must all be examined.

Why Scuba Diving Accident Claims Can Be Difficult

Liability waivers are only one challenge.

The cause of the injury may be medically disputed. Conditions such as decompression sickness, arterial gas embolism, pulmonary injury, drowning, and cardiac events often require analysis by medical specialists. The operator may argue that the diver’s health, ascent profile, air consumption, or actions caused the event rather than anything the company did.

Evidence may also disappear quickly. Rental equipment can be returned to service, repaired, altered, or discarded. Electronic data may be overwritten. Vessel logs may be incomplete. Tourists who witnessed the accident may leave Florida within days.

Marine conditions present another complication. Current, visibility, wave height, wind, and weather can change rapidly, making it difficult to recreate the circumstances without prompt investigation.

The business structure may be unclear as well. The company that accepted payment may not own the vessel or employ the personnel involved. Determining who controlled the relevant part of the operation can require extensive investigation.

What Evidence Should Be Preserved?

After obtaining necessary medical treatment, an injured diver or family member should try to preserve as much information as possible.

Important evidence may include:

The signed waiver, booking confirmation, receipt, and advertisements
The names of the dive company, vessel, captain, instructors, divemasters, and crew
Photographs or videos of the equipment, vessel, site, and conditions
Dive computer, smartwatch, and underwater camera data
Certification records, dive logs, and medical questionnaires
Witness names and contact information
Accident reports and communications with the operator
Coast Guard, law-enforcement, fire-rescue, and medical records
The regulator, buoyancy compensator, tank, gauges, weights, or other equipment used during the dive

Electronic information should not be deleted or overwritten. Personal equipment should not be surrendered without documenting its condition and preserving the available data.

An attorney may send formal notices requiring the dive company and other parties to preserve passenger manifests, diver rosters, vessel logs, GPS records, maintenance documents, tank inspection records, gas-testing records, employee credentials, internal communications, video, and prior incident reports.

What Compensation May Be Available?

When negligence causes or contributes to a scuba diving injury, compensation may be available for emergency transportation, hospitalization, treatment, rehabilitation, future medical care, lost income, diminished earning capacity, pain and suffering, disability, and other accident-related losses.

A serious diving injury may affect a person’s balance, mobility, cognitive function, lung capacity, ability to work, and long-term independence. Evaluating the claim therefore requires more than adding up the initial hospital bills.

When an accident is fatal, the diver’s family or personal representative may have a wrongful death or maritime death claim. The applicable law can affect who may bring the claim and which damages are recoverable.

Why Experience in Maritime Law Matters

A scuba diving accident may involve maritime law, Florida negligence law, contract interpretation, passenger-vessel regulations, diving-industry practices, equipment maintenance, product liability, medical causation, and multiple layers of insurance.

An attorney experienced in maritime litigation can determine which law applies, analyze the waiver, identify the responsible businesses and individuals, preserve vessel and equipment evidence, and evaluate whether the captain and operator complied with applicable requirements.

These cases may also require experts in diving medicine, commercial vessel operations, equipment engineering, meteorology, ocean conditions, or dive-industry safety practices.

An attorney accustomed only to routine land-based injury cases may not immediately recognize a limitation proceeding, a vessel-ownership issue, a maritime contractual defense, or a federal procedural requirement. Missing one of those issues can materially affect the outcome of the case.

Frequently Asked Questions

Can I sue a scuba diving company if I signed a waiver?

Possibly. A clearly written waiver is generally enforceable, but its effect depends on its exact language, the parties it protects, the conduct that caused the injury, and whether Florida or maritime law applies. The document should be reviewed before any conclusions are made.

Can I sue if I was partly responsible for the accident?

Possibly. The company may argue that the diver failed to follow instructions, exceeded training limits, ascended improperly, misused equipment, or concealed a health condition. The effect of any shared fault depends on the governing law and the facts.

Can I bring a claim if rented scuba equipment failed?

Possibly. The investigation would need to determine why the equipment failed, who supplied and maintained it, whether the failure was foreseeable, and whether the diver used it properly. More than one business may be responsible.

Is every Florida Keys scuba accident a maritime case?

No. Many commercial dive accidents have a strong maritime connection, but the application of federal maritime law is fact-specific. Some claims may involve maritime law, Florida law, or both.

How long do I have to file a scuba accident claim?

There is no single deadline that applies to every accident. State statutes, federal maritime law, contractual provisions, notice requirements, and limitation proceedings can create different deadlines. An injured diver should obtain legal advice promptly.

Speak With a Florida Maritime Attorney About a Scuba Diving Accident

A liability waiver should not be ignored, but it should not be treated as the final answer without a careful legal review.

The cause of the accident, the language of the agreement, the identity of the responsible parties, the medical evidence, and the application of maritime law must all be considered.

Mase Seitz Briggs has more than 25 years of experience handling complex maritime and personal injury matters in Florida. Our attorneys understand the legal issues involving commercial dive vessels, recreational scuba activities, liability releases, serious injuries, and accidents on navigable waters.

If you or a loved one was seriously injured during a scuba diving excursion in the Florida Keys or elsewhere in Florida, contact Mase Seitz Briggs to discuss the circumstances and learn about your legal options.

This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.

What Happens If a Boat Hits a Bridge?

Florida’s waterways are among the busiest in the country, and with that comes increased risks. One of the most sudden and serious accidents on the water involves a vessel striking a fixed structure. These accidents are known as allisions. Bridge allisions are more common than most people realize. When a boat hits a bridge, the consequences can range from significant property damage to life-altering injuries for everyone on board. Understanding what causes these accidents, what the law requires, and what your options are can make an enormous difference in protecting your rights after a bridge allision.

Mase Seitz Briggs has been representing seriously injured boating accident victims in Miami and throughout South Florida for over 30 years. Our maritime lawyers have tried hundreds of boating accident cases and recovered millions for injury survivors and their families. If you or someone you know was hurt when a boat struck a bridge, or any other fixed object or structure, call us today at (305) 377-3770 for a free consultation.

Understanding Boats and Bridge Accidents in Florida

Florida has thousands of miles of navigable waterways, canals, inlets, and coastal passages, many of which pass beneath fixed or drawbridge structures. The combination of high recreational boating traffic, varying tidal conditions, and inconsistent operator experience creates a real risk of vessel-to-bridge contact. These accidents are rarely minor. A boat traveling at high-speed that strikes a bridge piling, support beam, or the underside of a span can cause catastrophic structural damage to the vessel and serious injury to passengers and crew. In some cases, bridge infrastructure can also be damaged, which can trigger additional legal exposure for the vessel operator.

Several bridges in and around Miami are particularly known for posing clearance challenges to boaters:

The Venetian Causeway bridges crossing Biscayne Bay are among the most restricted on the entire Atlantic Intracoastal Waterway. The Venetian Causeway Bridge (West) has a closed vertical clearance of just 12 feet, while the Venetian Causeway Bridge (East) has a closed vertical clearance of only 5 feet. Both are drawbridges that must be opened for most vessels, and a failure to request an opening in time can result in a direct strike.
The Broad Causeway Bridge in North Biscayne Bay is the first of five restricted Miami spans, with a closed vertical clearance of just 16 feet.
The West 79th Street Bridge carries a closed vertical clearance of 21 feet, which can become a problem for taller vessels during high tide or elevated water conditions.
The Julia Tuttle Causeway in Miami is a notable exception among fixed ICW bridges. While most fixed bridges on the Florida Atlantic ICW clear 65 feet, the Julia Tuttle Causeway Bridge in Miami sits at just 56 feet, making it a concern for larger vessels.

The primary causal factor identified was the lack of accurate air draft data being made available to the responsible captain or seaman. Air draft refers to the distance from the waterline to the highest point on the vessel, and misjudging it, especially when tidal fluctuations reduce bridge clearance, is one of the most common reasons boats collide with bridges in South Florida.

Common Causes of Bridge Strikes

Most bridge strikes are preventable. They typically result from operator error, equipment failure, or poor conditions that were not properly accounted for before getting underway. Common causes include:

Vessel or bridge operator inattention or distraction
Alcohol or drug impairment
Failure to check or correctly interpret bridge clearance charts
Misjudging tidal height changes that reduce available clearance
Mechanical failure of a drawbridge or bascule bridge that does not open in time
Excessive vessel speed in restricted or congested waterways
Inadequate knowledge of the vessel’s air draft (height above the waterline)
Poor visibility due to weather, fog, or nighttime conditions

Height Limits and Clearance Requirements for Boats

Every fixed bridge in Florida has a posted vertical clearance, which reflects the distance between the water’s surface at mean high water and the lowest point of the bridge structure. That clearance is not constant. Tidal fluctuations, storm surge, and heavy rainfall can all reduce the available space beneath a bridge, sometimes significantly. Boat operators are responsible for knowing their vessel’s air draft and verifying that it is compatible with the bridges along their planned route.

What to Do If Your Boat Hits a Bridge

The moments immediately following a bridge strike are critical. Taking the right steps can protect your safety, preserve your legal rights, and ensure compliance with Florida law. If your boat hits a bridge, you should:

Check all passengers and crew for injuries and contact the U.S. Coast Guard or dial 911 if anyone is hurt.
Notify the bridge operator.
Do not leave the scene.
Document the damage to your vessel and the bridge with videos or photographs if it is safe to do so.
Collect contact and insurance information from any other operators involved or any witnesses.
Preserve any navigation equipment, logs, or electronic records from the vessel.
Contact a Miami maritime accident lawyer before providing statements to insurers or investigators.

Common Injuries from Boat-Bridge Allisions

The forces involved in a vessel striking a fixed structure can be violent and sudden. Passengers who are standing, seated near the bow, or not holding on may have little to no warning before impact. Common injuries in boat-bridge collisions include:

Traumatic brain injuries and concussions
Neck and spinal cord injuries
Fractures, particularly to the arms, wrists, and collarbone, from impact or bracing
Lacerations from broken glass, fiberglass, or structural debris
Soft tissue injuries to the back, neck, and shoulders
Drowning or near-drowning if passengers are thrown overboard
Internal injuries from blunt force trauma
Possible death

Some injuries are not immediately apparent. Symptoms of concussion or internal bleeding may not present until hours after the accident. Anyone involved in a bridge allision should seek medical evaluation promptly, even if you feel fine at the moment.

Who May Be Liable in a Bridge Strike?

The vessel operator
The vessel owner
A charter company or boat rental operator
A bridge authority or government entity
A boat manufacturer

Why Experience in Maritime and Boat Accident Law Matters

Not every personal injury firm is equipped to handle maritime cases. Accidents on navigable waters follow specialized legal obligations, and choosing a lawyer without a background in maritime law and personal injury can leave money on the table or derail a valid claim entirely.

The attorneys at Mase Seitz Briggs have handled admiralty and maritime cases since our firm was founded in 1997.

If you were injured when your boat hit a bridge, or if you lost a family member in a maritime incident, reach out to our Miami personal injury and maritime lawyers. Contact us today at (305) 377-3770 to schedule your free, confidential consultation. There is no fee unless we secure compensation for you.

When the Unthinkable Happens: What to Do if Your Boat Capsizes

A boat capsizing is one of the most dangerous emergencies a boater can face. Whether caused by rough conditions, overloading, or mechanical failure, a capsized vessel places passengers at immediate risk of injury, exposure, and drowning. Knowing what to do in those first moments can save lives and reduce the severity of injuries.

After the immediate danger has passed, many families are left with questions about medical bills, lost income, and whether the incident could have been prevented. Mase Seitz Briggs’ experienced boat accident lawyers help injured boaters and passengers understand their legal rights under Florida maritime law. As a trusted Florida boating accident lawyer, our attorneys can assist clients in identifying liability and pursuing compensation when negligence plays a role in capsizing accidents.

Immediate Survival Steps: Life Saving Protocol on the Water

Safety is the top priority after your boat capsizes. Panic and disorganization can quickly turn a survivable situation into a fatal one. Following established boating safety guidance can dramatically improve outcomes.

Key survival steps include:

Remaining calm and conserving energy. Depending on where you are, rescue could take a while.
Ensuring all passengers have flotation devices. Always double-check life vests before embarking.
Staying visible to nearby vessels. A floating person looks like a speck out in the water. Staying near your vessel can protect you from further injuries.

Stay with the Vessel: The "Floating Island" Rule

In most capsizing situations, experts advise staying with the boat unless it is unsafe to do so. Even when overturned, a vessel is easier for rescuers to spot than individuals in open water. No matter whether your boat is a larger vessel or a personal water craft, it is best to stay near them while deploying visibility and rescue measures.

Staying with the vessel helps by:

Providing flotation and reducing exhaustion
Making it easier for rescuers to locate you
Offering shelter from waves and wind

Exceptions may exist if the boat is sinking in fast-moving water or poses an immediate danger, but in most Florida boating accidents, remaining with the vessel improves survival odds.

Account for All Passengers and Signal for Help

Once immediate flotation is secured, account for everyone on board. Injuries are common during capsizing events, including head trauma, fractures, and lacerations.

Steps to take include:

Calling out to confirm all passengers are present
Checking for injuries and providing basic aid if possible
Using whistles, mirrors, flares, or emergency radios to signal for help (VHF channel 16)

After rescue, Florida law requires compliance with FWC boat accident reporting requirements if injuries, deaths, or significant property damage occurred.

Common Causes of Capsizing: Beyond Sudden Storms

While weather is often blamed for capsizing incidents, many accidents occur in calm or moderately rough conditions due to preventable factors. Understanding these causes is important when evaluating liability.

Common contributors include:

Overloading beyond the vessel’s capacity
Improper weight distribution
Sharp turns at high speed
Wake interaction with larger vessels
Mechanical or steering failure
Inexperience when operating rented boats

Negligent boat operation in Florida is a frequent factor in capsizing accidents, especially when operators lack training or disregard safety guidelines.

Determining Liability: Who is Responsible for a Capsizing Accident?

When injuries occur, determining who is responsible becomes a legal question governed by Florida maritime law. Liability depends on the cause of the capsizing and the actions of those involved.

A Florida boating accident lawyer can investigate the facts and identify whether negligence or product defects played a role.

Operator Negligence and Overloading

Boat operators have a legal duty to operate vessels safely and within manufacturer guidelines. Violations of this duty may establish liability.

Examples include:

Carrying more passengers than allowed
Ignoring posted weather warnings
Operating at unsafe speeds
Making abrupt maneuvers in congested waterways

A boat accident lawyer may pursue claims when operators fail to follow capacity limits or basic safety practices, leading to capsizing and injuries.

Rental Company and Manufacturer Liability

In some cases, responsibility extends beyond the operator. Rental companies and even boat part manufacturers may also be held accountable.

Potential liability scenarios include:

Rental companies failing to provide safety instructions, proper training and instruction, or proper equipment
Poor vessel maintenance or mechanical defects
Defective boat design that compromises stability
Faulty safety equipment

Marine product liability and defective boat design lawsuits may apply when structural or manufacturing flaws contribute to capsizing accidents.

Why Legal Representation Matters in Maritime Injury Claims

Maritime injury claims differ from standard personal injury cases. Jurisdiction, applicable law, and damage calculations can vary depending on where the accident occurred and the type of vessel involved.

Legal representation is especially important when dealing with:

Serious injuries requiring long term medical care
Maritime wrongful death claims
Disputes with insurers or rental companies
Multiple liable parties

A Miami maritime attorney can gather evidence, consult marine safety experts, and navigate the maritime and Florida state law.

Trust the Maritime Attorneys at Mase Seitz Briggs

Mase Seitz Briggs brings decades of experience handling maritime injury cases throughout South Florida. Our firm understands how quickly a routine boating trip can turn into a life altering event and provides steady legal support during uncertain times.

The firm assists clients by:

Investigating capsizing accidents and vessel conditions
Reviewing FWC reports and witness statements
Identifying operator, rental, or manufacturer negligence
Pursuing compensation for medical bills, lost income, and pain

If you or a loved one has been injured in a boat capsizing accident, speaking with a Florida boating accident lawyer can help clarify your options and protect your rights. To speak directly with our firm, contact us today at (305) 377-3770 to schedule your free, confidential consultation.

Fatal Biscayne Bay Barge Collision: A Preventable Tragedy and the Fight for Accountability

On the morning of July 28, 2025, a devastating and preventable collision unfolded in Biscayne Bay near Hibiscus Island. A commercial barge—a massive steel vessel with limited visibility and maneuverability—plowed into a small sailboat carrying five children and an adult counselor. The sailboat, part of a summer sailing camp operated by the Miami Yacht Club, stood no chance. A witness described the scene: “all the kids went flying off.” Some of the kids and the sailboat itself were crushed underneath the barge.

First responders acted immediately, diving into the bay to recover the sailboat’s passengers. All six passengers were pulled from the water within the hour. Tragically, two children, a 7-year-old and a 13-year-old, were killed. Two other children are clinging to life in critical condition. The camp counselor and one child survived with no reported physical injuries.

This was not a freak accident. This was a failure to uphold the most basic standards of care on our waterways.

A Collision of Negligence

As the investigation unfolds, one thing is already clear: this tragedy could and should have been prevented. The question now is who is responsible and how they will be held accountable.

Sailboat Operator and Sailing Club

The Miami Yacht Club’s summer sailing camp placed an adult counselor in charge of five children in a busy commercial waterway. And based on preliminary reports, the sailboat may have been outside its permitted sailing zone. That raises questions:

Why was the sailboat in harm’s way?
Did the sailboat have the right of way?
Did the camp counselor have proper training and certification? and
Were there effective safety protocols in place to prevent this type of catastrophe?

If the answer to any of those questions is “no,” then the Miami Yacht Club may be responsible for these children’s deaths.

Depending on the outcome of the Coast Guard’s investigation, the sailing club could face liability under several legal theories:

Negligent Supervision: failure by the counselor to maintain awareness and respond to obvious danger.
Negligent Training & Failure to Warn: Claims may be brought for failure to properly train counselors or warn about the potential dangers associated with sailing in high-traffic areas.
Vicarious Liability: The club could also be vicariously liable for the camp counselor’s reckless or negligent actions.
Wrongful Death: Families of the deceased children may pursue claims based on the club’s role in causing this catastrophe.

The Barge

Commercial barge and tugboat operators are trained, licensed professionals. They have a duty to exercise reasonable care under the circumstances to avoid collisions with other vessels. If visibility and maneuverability were limited, they may have had a duty to have a lookout. Yet despite this the massive barge crushed a sailboat carrying children. Questions that must be answered:

Was a proper lookout maintained from the barge and tug?
Was the vessel traveling at a safe speed, given the location, maneuverability and visibility?
Were warnings issued, or was this a silent, blind collision?

If the barge crew or tugboat operators failed in even one of these duties, the potential claims include:

Negligence: Failing to keep a proper lookout and travel at an appropriate speed, given its limited maneuverability and visibility, may constitute negligence.
Failure to Warn: If the vessel did not issue appropriate sound signals or radio warnings before the crash, this could support a negligence claim of failure to warn.
Wrongful Death: As with the sailing club, if the barge operator’s actions are found to have contributed to the children’s deaths, the families may have grounds to bring wrongful death claims.

Who Had the Right of Way?

Unfortunately, there is no clear-cut answer. Some may argue that the barge had the right of way. Rule 3 of the U.S. Coast Guard’s Navigation Rules does grant exceptions to vessels restricted in maneuverability, but also requires they keep a proper lookout including posting someone where they can see the surroundings if visibility is restricted.

Even vessels engaged in towing have a duty to proceed with vigilance and caution, especially in waters known to host children’s sailboats.

Though the facts are still developing, additional considerations such as the position of the sailboat and barge in the bay, how fast each vessel was moving, and whether either vessel was operating in an area where they shouldn’t have been will be key in determining which vessel was at fault. Ultimately, this devastating accident serves as a reminder of the dangers that can arise on the water, especially in Florida’s busy waterways. This is not just a case about maritime law. It is a case about the ultimate price paid by innocent children. These families deserve justice. The community deserves answers. And the responsible parties, whether it’s the camp, the tug, the barge operator, or all three, must be held accountable.

Maritime Law Demands Aggressive Representation

If you or a loved one has been involved in a boating accident, timing is critical. The experienced maritime attorneys at Mase Seitz Briggs have decades of experience handling serious boating injury and wrongful death cases. We understand the complexity of maritime law. We know how to take on powerful shipping companies and well-funded clubs. And we don’t back down.

How to Claim Salvage Rights on a Boat

What You Need to Know About Claiming a Derelict or Abandoned Vessel

Florida is home to thousands of abandoned vessels. Many are damaged as a result of natural disasters, while others simply become too difficult to maintain and are left by their owners. Despite the Florida coast being lined with these at-risk boats, it is unlawful for a person to simply take or claim the property without following proper procedure.

There are no salvage laws in the state of Florida. A person hoping to take possession of an abandoned or derelict vessel must obtain title before making a claim for the property. The Statutes for Found Property detail the steps that a person must follow in order to legally take possession of the boat.

What Types of Vessels Can Be Claimed?

As reported by Florida Fish and Wildlife Conservation Commission, there are countless abandoned vessels along the coast and intrastate waterways. These abandoned vessels become a public safety issue housing crime and posing a risk to the environment. Despite the problems caused by these boats, it is illegal to remove any part of the property without following the proper legal procedures.

Types of vessels that can be claimed:

At Risk Vessels: At-Risk vessels are boats that may be taking on water that they cannot release, have broken loose from their anchor, or are partially sunk. As noted in The Florida Statutes it is a boat that is at risk of “reaching a likely and foreseeable state of disrepair.”
Abandoned Vessels: An abandoned vessel is one that does not have an “identifiable owner” and has been left on public property. Abandoned vessels are generally left in a “wrecked, inoperative, or partially dismantled condition.”

Derelict Vessels: Derelict vessels are those that are sunken or sinking, have run aground, are stripped of vessel components, or have critical systems that are inoperable.

While these boats present safety concerns and environmental hazards, it is illegal to take them or any part of them without obtaining a title. Unlawful taking of any property is considered a crime in the state of Florida and may subject you to criminal charges.

How Do I Make a Claim to an Abandoned Vessel?

If you find an abandoned, at risk, or derelict vessel in Florida you must report it to a law enforcement agency. The agency will then conduct an investigation to find the owner of the property. If no owner can be located or the property remains unclaimed you may then start the salvage claims process.

Is It Illegal to Abandon a Vessel in Florida?

State law prohibits a boat owner or operator to abandon a vessel or improperly dispose of it.

As discussed by the Florida Fish and Wildlife Conservation Commission, it is illegal to dispose of your vessel by:

Sinking it without permits or approval;
Grounding it and abandoning it;
Cutting it loose and allowing it to drift away;
Mooring it and then failing to maintain it; or
Burning the vessel in open water.

Abandoning a vessel can result in felony charges. It is important to understand your rights and responsibilities regarding any property that you own.

Contact Mase Seitz Briggs

If you would like to learn more about salvage rights in Florida, contact our office at (305) 377-3770 to schedule a free consultation.

Florida is Now Boating Capital of the World with Over 1 Million Registered Vessels

More Vessels in the Water Brings New Boating Safety Concerns

With turquoise waters and ideal temperatures nearly year-round, it is no surprise that Florida leads the nation in the number of registered vessels. The Florida Fish and Wildlife Conservation Commission announced an impressive benchmark with over 1 million registered recreational boats in the state. However, more boats on the water bring renewed safety concerns for both seasoned boaters and those new to the water.

In addition to leading the country in the number of registered vessels, Florida leads the nation in boating accidents. At Mase Mebane Seitz, we represent individuals who have been injured in boating accidents throughout South Florida. Our trial lawyers have recovered millions for our clients. Contact our office at (305) 487-8863 for a free consultation.

Boating Capital of the World

Florida has secured its title of “Boating Capital of the World” with a new milestone. According to the Florida Fish and Wildlife Conservation Commission (FWC), the state now has 1 million registered recreational vessels. This monumental feat is no surprise given the crystal clear coastal waters and near-perfect weather conditions.

Florida counties with the highest number of registered recreational vessels:

Miami-Dade: 74,622
Pinellas: 53,867
Lee: 50,304
Broward: 47,741
Hillsborough: 41,495

While Florida is the number one state for boating, it is also the top state for boating accidents. More boats on the water present additional safety concerns. Vessel operators should practice safe boating, including taking a boating safety course before going out on the water.

Boating Safety Recommendations

By taking simple safety precautions, Florida residents and visitors can prevent tragedy on the water. As noted in the FWC press release, there are several things that boaters can do to stay safe while cruising the coast or inland waters.

Boating safety tips include:

Wearing life jackets
Maintaining 360-degree awareness
Knowing the dangers and penalties for boating under the influence
Developing a float plan
Paying close attention to weather and water conditions
Appointing a designated lookout
Operating at a safe speed

Many boating tragedies are caused by carelessness and inattention. Most of these accidents can be avoided by following Florida’s boating laws. Individuals who violate state boating regulations may face civil and criminal penalties. If you are injured in a boating accident, it is strongly recommended that you consult with an attorney to discuss your legal options.

Boating Accident? Contact Our Office for a Free Consultation.

Were you injured in a boating accident in Miami or South Florida? Contact our office to schedule a free, no-obligation consultation. Call (305) 487-8863 to discuss your case with an experienced attorney. You should never have to settle for less than your case is worth. Do not sign anything until you have consulted with a member of our legal team.

At Mase Mebane Seitz, we have tried hundreds of cases and will work tirelessly to get you the recovery you deserve. Let us help hold a negligent owner or operator accountable for their wrongdoing. Your case matters. Get the help you need now. Call today to get started.