Boating Accidents

Residents and visitors to Florida can enjoy boating and other outdoor activities year round. Florida has an abundance of lakes, rivers, canals, intracoastal waterways, and, yes, ocean and gulf access for a whole array of boating, jet ski, and other watercraft activities. On most days and outings, the day is filled with sunshine, fun, and the relaxation or thrill (your choice) of being out there in and around the water. Unfortunately for some, a day out on the water ends up with the pain, suffering, and sorrow of a serious personal injury or death caused by the negligence of a boater, company, or person who fails to exercise caution and due care in and around the water.

The simple answer to this question is "No". However, Florida has some laws in place that do require some form of training or education to operate a boat. Oddly, for personal watercraft, anyone born prior to January 1, 1988 does not require any boating education, training or certification. As such, being older is a plus. For those born on or after January 1, 1988, there is a requirement that the person complete a National Association of State Boating Law Administrators (NASBLA) approved boating education course OR pass an equivalent course OR a temporary certificate examination.

In Florida, a person must be at least 14 years old to be able to operate a boat / personal watercraft. It happens to be unlawful to allow a person under the age of 14 to operate a boat / watercraft. This violation of law is classified as a second-degree misdemeanor.

A person must be at least 18 years old to be able to rent a boat / personal watercraft in Florida.

The simple answer to this question is "No". However, there may be some requirements for liability insurance if the boat is docked at a marina or part of a club or organization that requires the placement of liability insurance. If the boat is subject to a loan, the lender may require some form of comprehensive or collision insurance but would not necessarily require the placement of liability insurance. If a boat owner has sizable assets and is wise, then liability insurance would be put in place in most instances.

The answer to this question is "it depends". One factor that affects the applicable laws in place is whether the accident / incident took place in navigable waters. Generally, navigable waters are defined as any waterway that leads to the world’s oceans. This includes any body of water except landlocked lakes. If the accident / incident took place in navigable waters, then admiralty and maritime laws will apply to the accident / incident and the resulting personal injuries.

It should be noted that boating collisions and laws differ from automobile collisions and law in Florida. There are a number of factors that determine what facts / laws apply to a particular Florida Boating Collision. First, let's define the term "Boating Collision". This essentially is a collision, crash, or incident in which two or more boats / vessels collide or hit each other. If the boating collision took place in navigable waters - which is a waterway that leads to an ocean, then strict liability laws apply to a Florida Boat Collision. This means that if there is a boating collision leading to injury - then the boat owner, captain, employees, and / or operator of each boat may be held liable by virtue of the crash or collision taking place. Strict liability is different from negligence. Under a negligence doctrine, there must be proof that the owner, captain, employee, or other person was at fault or careless in some way. This, in turn, caused an incident or accident to occur. An example of an incident that would trigger the negligence set of laws would be a captain who went too fast over a wake or choppy area and this, in turn, caused a passenger to be injured.

If you are not familiar with the term Florida Boating Allision, you are not alone. It is not a term that is commonly known out there. In maritime law, an "allision" occurs when a moving boat / vessel hits or collides with a stationary object which may include a reef, rock, sandbar, bridge, non-moving vessel, pier, or dock. If the allision takes place in navigable waters, then the doctrine of strict liability applies in which the boat owner, operator, or other person / entity can be held liable even without the showing of negligence, carelessness, or fault. For instance, if there was a submerged or otherwise hidden buoy in the water that was not visible but still was the cause of an allision, then there can still be responsibility placed on the boat owner / operator for personal injuries that result from the incident.

In Jacksonville and throughout the State of Florida, a boating accident depending on the facts and circumstances may be subject to Florida negligence laws which have essentially four elements to prove: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages.

Duty is essentially the standard by which a boat owner / boat operator should reasonably follow for the safety of passengers on the boat and the safety of others who come in contact or proximity to the boat.

Breach of Duty is the failure to follow the standards in one or more instances.

Causation refers to the link between the Breach of Duty and the Damages claimed by the incident. For instance, the careless operation in the form of excessive speed and turning caused a passenger to fall out of the boat and drown. There would be a causative link between the negligent actions and the result or damages caused by the same.

Damages refer to the injuries, medical bills, lost wages, and related losses caused by the incident or accident.

The statute of limitations refers to the time limit or deadline that a lawsuit must be filed in order to protect legal rights in the State of Florida. If the statute of limitations is missed, then important legal rights may end up being waived. Since the statute of limitations applicable to a case depends on the type of waterway (navigable / non-navigable) and other factors, it is important to consult with an experienced Jacksonville boating accident lawyer to make sure that you act in a timely manner to pursue your claim or case. For instance, if you are injured on a cruise ship, there is a notice period that must be met within 6 months (or 185 days) and the lawsuit must be filed within 1 year of the incident. Otherwise, legal rights may be waived. Cases that are controlled by Florida law rather than general maritime law would have a statute of limitations of 2 years. Cases that are controlled by general maritime law would have a statute of limitations of 3 years. If there is a mistake or misclassification of the applicable laws and rules, this can result in a late filing of a lawsuit. This, in turn, would likely lead to a dismissal of the case and ultimate waiver of rights. The best rule to follow is to consult with a Jacksonville boating accident attorney as soon as possible to get a better understanding of your legal rights.

David Alan Wolf is a Florida boating injury attorney with over 33 years of experience in representing injury victims and their families. Mr. Wolf has represented victims in cases spanning from the Florida Keys to the Florida Panhandle and most parts in between.

As the author of 12 books including the book titled “Cruise Ship & Boating Injuries - Remedies and Compensation - Don't Let Your Legal Rights Get Pirated Away”, Mr. Wolf gladly shares his knowledge base with clients, prospective clients, colleagues, and others in search of information on the topic of cruise ship and boating accidents.

David Alan Wolf takes pride in pursuing cases in a manner that values each case and each client in a professional and personal manner. Contact David Alan Wolf today for a free consultation.