An excursion can be an exciting part of any vacation, but many come with significant risks of danger and few regulations. If an accident occurs during a boat tour, diving or snorkeling expedition, or other excursion, the injury case can be complicated. This is especially true if the accident occurs in a foreign country or involves a foreign business.
When a serious personal injury or death occurs on a shore excursion, you need an experienced attorney. At Mase Seitz Briggs, we regularly handle boating excursion cases and can help you recover for your injuries. With over 100 years of combined experience, our trial attorneys have helped countless accident victims achieve the recovery they deserve. Call today to discuss your rights and legal options in a free consultation.
Types of Boating Excursion Accidents
When someone is injured or dies on a commercial vessel, the owner or operator may be liable for negligence or wrongdoing. Whether the injury was a result of a crew member’s inexperience or a captain’s poor choice, you might be entitled to compensation.
We can help if you were injured on any of the following:
- Dive boat
- Jet Ski
- Rental boat
- Dinner cruise
- Parasailing boat
- Charter fishing boat
- Ferry or water taxi
- Shark diving expedition
- Motorized Surfboards
- Sightseeing or day cruise boat
- Barge, tanker, pilot boat, or tugboat
- Any other commercial vessel
Injuries Aboard Boat Tours
Duck Boats
Duck boats are a common attraction in South Florida, particularly in Miami Beach. Originally designed as amphibious military vehicles in WWII, duck boats have become specialty attractions in cities with waterways due to their ability to seamlessly transition from roadways to rivers, canals, lakes, and other bodies of water.
However, the risks associated with riding in these duck boats are often overlooked. Like any other vehicle, passengers are exposed to serious dangers due to operator negligence or lack of safety training. Duck boat operators are obligated to keep their customers and passengers safe. If a passenger is injured or dies while in their care, the owner may be liable for damages.
In 2015, five people were killed and 60 injured when a Seattle duck boat crashed into a charter bus, according to WCPO Cincinnati. A National Transportation Safety Board investigation determined that that the duck boat operator was at fault for failing to address safety concerns regarding “axle housings on the vehicles.” A jury awarded the victims $123 million in the case.
Shark Diving Accidents and Injuries
Shark diving expeditions have substantially increased in popularity over the past few years, offering a once-in-a-lifetime thrill for many. Unfortunately, a boat operator’s negligence can quickly turn this exciting adventure into a devastating interaction. When interacting with wild animals, an owner or operator must take the highest degree of care to ensure everyone’s safety.
Sharks are naturally curious animals and can mistake humans for food in water that is chummed or baited. Common injuries that can occur from chumming or baiting include shark bite lacerations, broken bones, torn ligaments, and soft tissue damage.
A tragic exampled occurred in 2019, when a 21-year-old Loyola Marymount University student was killed by three sharks while she was snorkeling off an uninhabited private island in the Bahamas.
While sharks themselves may pose a danger, it is often operational negligence that causes serious injuries to passengers. For instance, an improperly secured cage can be the difference between life and death. Additionally, shark tours conducted in unsafe areas can cause harm to both people and animals. All employees and patrons should undergo safety training prior to engaging with sharks. Failure to provide adequate safety training can result in the excursion company being held liable.
If you were injured on a shark expedition, you might be entitled to compensation. Contact Mase Seitz Briggs today to discuss your legal options in a FREE consultation.
Ferryboats and Water Taxis
Ferries and water taxis are a great way for locals and tourists alike to travel Florida’s waterways. Unfortunately, many passengers sustain life-altering injuries on these boats. Passengers are frequently injured in collisions, slip-and-fall accidents, and injuries caused by malfunctioning equipment.
For example, in February 2020, a 10-minute ferry ride turned deadly when a Mercedes-Benz slid off the boat and plunged into the channel. Two women were found dead in the backseat of the vehicle, according to The Washington Post. The ferry boat accident occurred near Fisher Island, an exclusive resort community off the coast of Miami Beach. The ferry involved, one of four operating in the area, had only a “thin blue tarp” as a barrier at the front of the boat.
Charter Fishing Boats
Charter fishing trips are a great way to explore nature and the waters of Florida and the Bahamas. Unfortunately, charter boat accidents occur regularly and can result in serious personal injury or death.
Charter boat owners, captains, and crew members all share the responsibility for your safety. Passengers can be seriously injured because of a poorly trained captain or crew. This includes intoxicated or under-the-influence crew members. Passengers can also suffer injuries due to poorly maintained or unsecured equipment and tackle.
Injuries Aboard Rental Boats & Negligent Boat Rental Companies
Thousands of people flock to South Florida each year seeking fun on the water, often renting a boat to do so. However, boat rentals have their own share of dangers and potential risks for renters, passengers, and crew. Florida has specific laws designed to ensure boat rental companies, also known as liveries, meet their duties in protecting their customers and boaters.
A boat rental company may face liability for injured passengers if it fails to adequately train the renter or if the renter was obviously unable to operate the boat safely. Companies must rent out their boats only to individuals who are trained, of the appropriate age, and are not obviously under the influence of alcohol or drugs. Boat rental companies are obligated to keep renters safe by providing seaworthy vessels and renting only to people who can operate the boat safely.
Peer-to-Peer Boat Rentals
Peer-to-peer boat rentals are on the rise in South Florida. Similar to vacation rental sites like Airbnb and VRBO, peer-to-peer boat rental companies allow boat owners to post their vessel for rental for a fee.
It can be difficult to determine who can be held liable when there are injuries aboard one of these privately-owned boats. If the vessel is not properly managed, lacks seaworthiness, is negligently maintained, or entrusted to someone not qualified to operate it safely, the owner and rental company may both face liability depending on the circumstances.
Causes of Commercial Boat Accidents
According to the United States Coast Guard, there are several common contributing factors that cause boating accidents:
- Operator inexperience
- Machinery failure
- Improper lookout
- Operator inattention
- Excessive speed
- Alcohol use
When hiring a commercial vessel, you expect that the boat will be safe, and the crew has adequate safety training. When the owner or operator of a commercial vessel fails to provide a safe experience, they are accountable for any resulting injuries.
All boat owners are required to follow the Florida Vessel Safety Law, which applies to airboats, barges, commercial fishing vessels, motorboats, sailboats, and more. Failure to follow state law could result in liability. According to Section 327.32, all operators must “exercise the highest degree of care to prevent injuries to others.”
Furthermore, operators of vessels are required to undergo mandatory boating safety education. Failure to adhere to these and other requirements can put innocent victims at risk.
Types of Injuries that Occur on Vessels
According to the Florida Fish and Wildlife Conservation Commission, the most common injuries that occur on boats include:
- Traumatic brain injury
- Head injury
- Paralysis
- Lacerations
- Contusions
- Broken bones
- Internal injuries
- Burns
Injured on a Boating Excursion, Rental, or Tour in Miami or Abroad? Hire an Experienced Attorney.
Boating accidents happen all too frequently in South Florida. Negligent owners and operators must be held accountable to prevent future injuries or death to unsuspecting passengers and crew. Whether you are injured on an excursion, rental, or tour boat, you deserve an experienced attorney who will fight for you. Learn more about a wrongful death case our firm handled against a livery.
At Mase Seitz Briggs, our experienced trial lawyers will hold all negligent or wrongful parties accountable. We are dedicated to bringing justice to those injured in boating accidents. Contact our lawyers today for a free consultation: 305-602-4927
Excursion Injury FAQ
Can I sue if the injury took place during an excursion outside the United States?
While these accidents often occur in foreign countries, courts in the United States may still retain jurisdiction over them. Our lawyers understand how to establish jurisdiction over foreign excursion companies to hold them accountable for their negligence.
Can I recover compensation if I signed a liability waiver for a boating excursion?
If you signed a liability waiver, it does not automatically mean that you cannot recover for your injuries. Many waivers are unenforceable or do not sufficiently disclaim liability for the excursion company. Families of those killed or injured during an excursion may also have the legal right to pursue a recovery. Even if you signed a waiver of liability, you may still be entitled to compensation.
