Electric Shock Drowning: A Hidden Danger at Florida Marinas and Docks

Most people who spend time around Florida’s marinas and docks never think twice about the electrical systems running beneath and alongside the water. That can be a fatal mistake. Faulty dock wiring, improperly grounded shore power connections, and defective marina electrical equipment can turn the water around a dock into an invisible death trap. The phenomenon is called electric shock drowning, or ESD, and it claims lives every year—often without anyone realizing what happened.

Mase Seitz Briggs has fought for seriously injured maritime accident victims in Miami and throughout South Florida since 1997. If you or a loved one was injured by an electrical hazard at a marina or dock, call us at (305) 377-3770 for a free consultation.

What Is Electric Shock Drowning?

Electric shock drowning happens when alternating current (AC) leaks into the water around a dock, marina, or vessel connected to shore power. According to the Electric Shock Drowning Prevention Association, low-level AC current passing through a swimmer’s body causes muscle paralysis. The swimmer cannot keep themselves afloat, and they drown. Higher levels of current can cause outright electrocution.

What makes ESD so dangerous is that it is completely invisible. Water can look and feel safe, then become electrified the moment something on a nearby boat or dock energizes the water. Unless someone witnesses the event and reports the sensation of shock, the death is usually labeled a common drowning. Most ESD victims show no signs of electrical injury at autopsy, and investigators often never learn the true cause. The actual number of ESD deaths each year is believed to be far higher than reported.

According to the Electrical Safety Foundation International and ESDPA, as little as 10 to 15 milliamps of current—roughly 1/50th the amount used by a 60-watt light bulb—is enough to cause paralysis and drowning. ESD occurs most often in fresh water. Saltwater conducts current away from a swimmer’s body; fresh water does not. Florida’s inland canals, freshwater marinas, and brackish waterways carry the highest risk.

Common Causes

Most ESD cases trace back to improper electrical connections on boats and docks. Federal and state codes require ground-fault protection near water to break the circuit if any stray current fails to return to its source. When those protections are missing, defective, or never installed, current can leak into the water. Other causes include corroded or improperly installed dock wiring, shore power pedestals with defective protection, boats with faulty onboard electrical systems, weatherproofing failures, lightning damage to insulation, and DIY work by people unfamiliar with marine electrical standards.

Warning Signs

Because energized water looks exactly like safe water, recognizing warning signs before entering matters:

If you feel tingling in the water near a dock, get out by swimming away from the dock—not by climbing a ladder, which can complete the circuit through your body. Alert the marina operator to shut down shore power immediately.

Common Injuries

The severity of electrical injuries varies with current level, exposure time, and the victim’s physical condition. Common injuries include cardiac arrest, drowning or near-drowning, severe burns, neurological damage, including memory loss and chronic pain, respiratory failure, and lasting psychological trauma. In the most tragic cases, ESD takes the life of the victim before anyone on shore realizes what is happening.

What to Do If Someone Is Being Shocked

Every second counts:

  1. Shout to alert others and call 911.
  2. Do not enter the water. You will become a victim too.
  3. Throw a life ring, rope, or flotation device to the victim.
  4. Locate and shut off the shore power connection or breaker if it can be done safely from land.
  5. Once the victim is out of the water, begin CPR if they are unresponsive and not breathing.
  6. Get medical evaluation even if the victim seems to recover. Internal injuries and cardiac effects may not be immediately apparent.
  7. Preserve evidence with photographs of wiring, outlets, and power pedestals.
  8. Contact a maritime lawyer before speaking with marina management or their insurers.

Who May Be Liable

ESD cases can involve multiple liable parties depending on how the hazard developed. Potentially responsible parties include marina and dock owners, electricians and contractors who installed or maintained the system, manufacturers of defective power pedestals or wiring, and boat owners whose vessels leaked current into the water. Maritime law may also apply when the injury is connected to a vessel or occurred on navigable waters.

Why Other Attorneys Refer These Cases to Us

ESD and dock electrocution cases are among the most complex in maritime personal injury law. They require expert analysis of marina electrical systems, vessel wiring, code compliance history, and preservation of evidence that often disappears within days. Referring attorneys send these cases to us because they require attorneys who understand both Florida premises liability law and federal admiralty jurisdiction. We work cooperatively with referring attorneys under arrangements consistent with the Florida Rules of Professional Conduct.

Talk to Us

If you or a loved one was injured by an electrical hazard at a Florida marina or dock, or if you lost a family member to electric shock drowning, contact us at (305) 377-3770 for a free consultation. There is no fee unless we secure compensation.

Mase Seitz Briggs 2601 South Bayshore Drive, Suite 800 Miami, Florida 33133 (305) 377-3770

Understanding Flags on the Water: What Every Florida Boater Should Know

Florida’s waterways are some of the busiest in the country, shared by recreational boaters, divers, commercial vessels, tour operators, and water sports enthusiasts year-round. With so many different activities happening at once, clear communication on the water is essential. One of the most important and often misunderstood forms of communication is the use of boating and maritime flags.

At Mase Seitz Briggs, our Miami maritime lawyers regularly handle boating and water-related injury cases that could have been prevented if warning flags had been understood and  respected. Knowing what these flags mean is not just about boating etiquette. It can help prevent serious accidents, injuries, and legal consequences.

Why Boating and Maritime Flags Matter

Boating flags serve as visual signals that communicate warnings, intentions, and emergencies between vessels. Unlike roadways, waterways do not have traffic lights or stop signs, so flags play a critical role in preventing collisions and alerting others to hazards.

Understanding boating flag meanings helps boaters:

Ignoring or misunderstanding a flag can lead to accidents, injuries, fines, or even liability if someone is hurt as a result.

10 Common Flags You’ll See on the Water and What They Mean

1. Alpha Flag (Divers Down – Keep Clear)

The Alpha flag is a blue-and-white flag used internationally to indicate that a vessel has a diver in the water. When displayed, it signals that other boats should keep well clear and operate at slow speed.

Boaters should give vessels flying the Alpha flag a wide berth and avoid creating wake that could endanger divers.

2. Red-and-White Diver Down Flag

This is the most commonly recognized diver flag in Florida. It features a red background with a white diagonal stripe. The flag indicates that scuba divers or snorkelers are in the water nearby.

Florida law requires boaters to maintain specific distances from this flag and to reduce speed when approaching.

3. Bravo Flag (Carrying Dangerous Goods or Fueling)

The Bravo flag is solid red and indicates that a vessel is carrying dangerous cargo, such as fuel, or is engaged in fueling operations. When this flag is displayed, other vessels should keep their distance to avoid fire or explosion risks.

4. Charlie Flag (Affirmative or “Yes”)

The Charlie flag signals an affirmative response or agreement. While it is more commonly used in commercial or military maritime communication, recreational boaters may still encounter it in certain contexts.

5. Delta Flag (Keep Clear of Me – Maneuvering Difficulty)

The Delta flag indicates that a vessel has difficulty maneuvering and needs other boats to keep clear. This can apply to vessels performing maintenance, towing operations, or navigating restricted channels.

6. Lima Flag (Stop Immediately or Hazards Ahead)

The Lima flag warns that a vessel should stop immediately. It can also signal that there is a serious hazard in the area. This flag is a strong warning that requires prompt attention from nearby vessels.

7. November and Charlie Flags Together

When flown together, the November and Charlie flags can be used to request assistance or signal distress-related communication. These flags are less common for recreational boaters but may appear in emergency or coordinated response situations.

8. Oscar Flag (Man Overboard)

The Oscar flag is red and yellow and indicates that a person has fallen overboard. When this flag is displayed, vessels nearby should remain alert and prepared to assist while avoiding interference with rescue efforts.

9. Quebec Flag (Request for Free Pratique)

The Quebec flag is yellow and traditionally indicates a vessel’s request for clearance related to health or quarantine procedures. While not common in recreational boating, it may be seen on commercial or international vessels entering port.

10. Maritime Signal Flags for Communication Between Vessels

Beyond individual flags, maritime signal flags can be combined to spell messages or convey specific instructions between vessels. These are more common in commercial shipping, regattas, or organized maritime operations but remain part of the broader maritime signaling system.

Flags Specific to Florida Waters

Florida has unique boating and diving conditions, which makes certain flags especially important for local boaters to understand.

Diver Down Flags and State Regulations

Florida law requires divers to display a diver down flag when in the water. Boaters are legally required to recognize and respect these flags, regardless of whether they personally see divers.

Failure to comply with diver down flag laws can result in citations and increased liability if an accident occurs.

Safe Distances for Boaters Near Dive Flags

Florida regulations require boaters to stay at least:

When it is not possible to maintain these distances, boaters must slow to idle speed and proceed with extreme caution.

Legal Consequences for Ignoring Dive or Safety Flags

Ignoring dive-down flags or other warning signals can be considered negligent behavior. If a diver or swimmer is injured, the operator who failed to observe the flag may be held legally responsible for resulting injuries or damages.

How Flag Knowledge Can Prevent Boating and Diving Accidents

Many boating accidents occur not because of reckless intent, but because of inattention or lack of knowledge. Understanding boating flag meanings helps prevent:

For Florida boaters, flag awareness is a key part of responsible operation and shared waterway safety.

Injured Because Another Boater Ignored Warning Flags? We Can Help.

When a boater ignores a warning flag, the consequences can be devastating and often preventable. These flags are meant to alert boaters to people in the water or hazardous conditions, and disregarding them puts divers, swimmers, kayakers, passengers, and others at serious risk of injury or worse.

The Miami maritime attorneys at Mase Seitz Briggs represent individuals injured in boating, diving, and water sports accidents throughout South Florida. If you or a loved one was injured because another boater failed to respect warning flags or maritime safety rules, experienced legal guidance can help protect your rights and hold negligent parties accountable. Contact us today at (305) 377-3770 for your free, confidential consultation and get the maritime law help you need.

Don’t Let a Boating Accident Sink You: The Increased Risks on Holiday Weekends

Every Fourth of July, Florida’s waterways fill with celebration, and all too often, disaster. Holidays, like the Fourth of July, Memorial Day, and Labor Day are among the most popular boating days of the year, but because of this, also tend to be the most dangerous. Law enforcement and the U.S. Coast Guard report a sharp increase in accidents in the summer months, with July consistently leading the way. The main causes for these accidents are operator inexperience, inattention, and alcohol use. 

Many families take their boats on the water only a few times a year, and during big holiday weekends, it is not uncommon for teenagers to take their parents’ boats out with little understanding of the responsibilities of operating a boat in crowded waters. Add in the fireworks, alcohol, and partying often associated with holidays, and the situation can turn hazardous quickly.

Dangerous Incidents on the Water

On the Fourth of July in 2024, several accidents made headlines for their catastrophic results:

All these incidents involved some combination of the leading factors contributing to boating fatalities: alcohol, poor situational awareness, and operator inexperience.

The statistics reflect just how dangerous the water can be. The most concerning U.S. Coast Guard statistics about boating accidents in 2023 revealed:

The Tragic Case of Collin Moorefield

In 2024, tragedy struck in St. Petersburg, Florida when 15-year-old Collin Moorefield was killed in a boating crash. Collin’s 15-year-old friend, drunk and distracted by his phone, sped past waterfront homes before crashing his parents’ boat into a neighbor’s dock. Both teens were thrown overboard, but unfortunately, Collin did not make it back aboard. Collin’s parents filed a wrongful death lawsuit against the teen driver’s parents, claiming that the boy’s parents had knowingly allowed him to take the 18-foot boat out without adult supervision, despite his inexperience.

This chilling situation is not unique, especially during summer holidays.

Who is Liable? The Law of Negligent Entrustment

When a boating accident occurs involving inexperienced drivers, the legal consequences can be serious and far-reaching.

One legal doctrine cited in the Moorefields’ wrongful death lawsuit is negligent entrustment.

Negligent entrustment occurs when the owner of a boat (or any other vehicle) allows someone to operate it despite knowing (or having good reason to know) that the person is reckless, unfit or inexperienced.

Like the case of Collin Moorefield, an injured party could potentially sue the friend who was operating the boat, and the parents who owned the boat, especially if they knew their child might allow their inexperienced friends to operate the boat.

In the Moorefields’ case, the friend’s parents were having a party at their house where the boys had access to alcohol before taking the boat out. In addition to inadequate adult supervision, the Moorefields’ claim alleges that the parents did not make sure the boys had no alcohol with them on the boat. Even if the parents were not on the boat at the time, ownership carries responsibility and liability because the boat was made accessible to someone who misused it.

This heartbreaking case is a reminder of just how quickly a day on the water can turn fatal when teens are given control of a boat without proper oversight.

What Can Boat Owners Do to Protect Themselves?

Boating should be a fun experience, not a liability nightmare. Whether you’re a first-time boat owner or you have been on the water for years, here are four essential tips:

Know who is operating your boat

Never allow anyone, especially minors or untrained drivers, to operate your boat without proper supervision or training.

Secure your boat when not in use

If you are not going out on the water yourself, make sure your boat won’t be taken out without your knowledge. Lock the ignition, dock securely, and set clear rules with family members and others who may have access.

Require safety training

Florida law requires boat operators who were born on or after Jan. 1, 1988, to obtain a Florida Boating Safety Education ID Card to operate a motorboat with ten horsepower or more. In addition to Boating Safety Education, operators should familiarize themselves with their vessel.

Contact an experienced maritime attorney immediately after any accident

Maritime law can be complex. Whether you're a boat owner or a passenger injured due to someone else’s negligence, an attorney who understands maritime and admiralty law, like those at Mase Seitz Briggs, can help protect your rights and navigate complex liability questions.

Boating accidents on holidays like the Fourth of July are common, but often preventable. Whether it’s an inexperienced teen behind the wheel, a few too many drinks, or a split-second lapse in attention, simple mistakes can change lives in an instant.

Don’t become a cautionary tale this summer. Know the risks and enjoy the holidays safely.

Understanding Insurance and DUI in Florida Car Accidents

When a car accident happens in Florida, figuring out insurance and compensation can get tricky—especially if the driver at fault was driving under the influence (“DUI”) or otherwise broke the law. Here is what you need to know.

Criminal DUI and Civil Lawsuits

Drivers who cause accidents while committing crimes—like DUI—may be considered criminally liable. A criminal case against a driver convicted of DUI can influence a victim’s substantive civil case in these ways:

How the At-Fault Driver’s Insurance Works

DUI convictions can affect how insurance coverage functions in cases where the at-fault driver was drunk. Florida law requires that drivers must have liability insurance, which covers damages and injuries they cause to others. Insurers usually cover damages and injuries caused in an accident, even if the at-fault driver was driving under the influence, up to the limits of their policy. However, insurance companies sometimes argue that the policy does not cover those actions. Additionally, most insurance policies will not cover damages if the driver’s criminal actions were intentional under a policy’s Intentional Act Exemption. (e.g., road rage while driving drunk). If that happens, victims may need to seek compensation elsewhere.

Covering Costs When Insurance Falls Short

What if the at-fault driver’s insurance is not enough to cover the victim’s damages/injuries or does not apply? Victims can still take steps to recover their costs, but coverage might be limited. Here’s how they can proceed:

  1. Personal Injury Protection (PIP) Coverage

Florida’s no-fault law requires all drivers to use their own PIP insurance for medical bills and lost wages first, regardless of who caused the accident. However, Florida law only requires drivers to carry $10,000 in PIP coverage, which may not be enough in cases with extensive injuries or where an injured person is forced to miss a significant amount of work. Drivers should carefully review their policy regarding their total PIP coverage, so they are comfortable with their coverage limits.

  1. Uninsured/Underinsured Motorist Coverage (UM/UIM)

After PIP coverage is exhausted, if an at-fault driver does not have enough insurance, victims can turn to their own UM/UIM policies for coverage. These policies fill the gap when an at-fault driver’s liability insurance cannot fully cover the damages. While UM/UIM coverage is not required in Florida, it is highly recommended that drivers carry it, especially given the state's high rate of uninsured drivers. UM/UIM coverage is relatively inexpensive compared to general liability coverage and is usually available for purchase as part of most auto plans.

  1. Personal Injury Lawsuit

If insurance options do not fully cover the damages, victims can file a legal claim against an at-fault driver. Keep in mind that if the driver has few assets, including limited insurance coverage, recovering money through a lawsuit might be difficult.

Understanding Florida’s Comparative Fault Rule

Florida follows a modified comparative fault system. This means that if the injured person is partly responsible for the accident, their damages could be reduced by their share of the blame. For example, if the victim is found 10% at fault, their compensation will be reduced by 10%. A skilled attorney can help ensure the victim’s share of fault is minimized.

Next Steps for Victims

Navigating insurance claims after an accident involving a drunk driver can be overwhelming. It is important to understand your rights and options. Here is where a personal injury trial lawyer, like those at Mase Seitz Briggs, can help. An experienced trial lawyer can:

If you have been involved in an accident with a drunk driver, you do not have to face it alone. Contact us to make sure you get the compensation you deserve.

Recovering from a DUI car accident is tough enough—getting the support you need should not be.

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.

What to Do If You’ve Been Injured as an Uber or Lyft Passenger

Rideshare services like Uber and Lyft have revolutionized the way we travel, offering convenience and flexibility for millions of passengers globally. However, accidents can still happen. If you find yourself injured as a rideshare passenger, it is crucial to know your rights and the steps you need to take to protect them.

Immediate Steps to Take After the Accident

Your priority following any accident is your health and safety. However, taking specific steps immediately after the accident can significantly impact your ability to file a claim later.

1. Prioritize Your Safety

Move to a safe location, if possible, away from oncoming traffic or hazards. If you can, move off the roadway to a sidewalk or shoulder. Call 911 and inform the operator of the details of the accident so the proper emergency response can be deployed to the scene.

2. Gather Information

Documentation is vital in any injury claim. Be sure to collect the following details on-site, if you are able to do so safely:

3. Obtain an Accident Report

Ask law enforcement to file a formal accident report. This report will serve as an impartial record of the incident, which can be critical in establishing liability and supporting your claim. Be sure to obtain a copy of the report and/or the case/report number.

4. Notify the Rideshare Company

Both Uber and Lyft require drivers to report accidents promptly. However, you should also file your own report through the corresponding app or customer service channels to ensure the incident is logged.

To report an Uber accident: click here. For Lyft: click here.

5. Seek Medical Care

Even if your injuries seem minor, schedule a thorough medical examination. Request detailed records from your healthcare provider to document injuries and treatments. This will serve as critical evidence when seeking compensation.

Filing a Claim for Compensation

An accident can lead to injuries, medical bills, lost wages, and emotional distress. Filing a claim is essential to securing the compensation you deserve.

Steps to File a Claim

Understanding Liability in a Rideshare Accident

One of the complexities of rideshare accidents lies in determining liability. Unlike traditional car accidents, rideshare incidents involve multiple parties, making the process less straightforward.

Who Is Liable for Your Injuries?

FAQs About Rideshare Passenger Injuries

1. Can you sue Uber/Lyft if you get in an accident?

You can sue the rideshare company’s insurance provider if you are injured in an accident that is the Uber/Lyft driver’s fault. Normally, however, you cannot sue the company directly. Some exceptions apply--if Uber/Lyft negligently hired the driver, for example.

2. What if the rideshare driver was uninsured or underinsured?

Both Uber and Lyft offer underinsured/uninsured motorist coverage of up to $1 million, which may apply in such scenarios.

3. How long do I have to file a claim?

The statute of limitations for personal injury claims varies by state but is typically between one and two years. In Florida, the statute of limitations is 2 years. Consult an attorney as soon as possible to avoid missing your deadline.

4. Will the rideshare company assist me in the claims process?

Uber and Lyft primarily operate as platforms connecting drivers and passengers, meaning they are unlikely to provide direct assistance with your claim. However, both companies maintain insurance policies that may cover your injuries.

Take Action Today

An injury should not leave you financially vulnerable. Understanding your rights and navigating the claims process with confidence can make all the difference in your recovery—both physically and financially.

The attorneys at Mase Seitz Briggs have handled rideshare accident cases and can help you. If you have been injured as a rideshare passenger, do not wait to act. Contact us today for a free case evaluation, and to explore your legal options and secure the compensation you deserve.