Personal Injury Claims and Liability after a Boating Accident


It happens! Boats get into accidents with other vessels or accidentally hit rocks or land causing damage and injuries. Boating accidents are often caused by you or someone else. But, what happens when the cause of the accident and injury is due to a huge wave? While this sounds like something you might see in a movie, it actually occurs more often than you think. South Florida experiences harsh weather at times that can cause boating conditions to become choppy and dangerous for boaters. Many injured boaters find themselves asking “what about personal injury claims and liability?”

Proving Negligence

The general rule about a lawsuit is you need to prove someone else is at fault for the accident. This means your attorney needs to show that the other person failed to act with reasonable care in order to recover damages. This is often difficult to prove since there are fewer chances of witnesses out in the open seas. However, if you are ever involved in a boating accident, you should look around to see if there were any witnesses that are willing to speak on your behalf.

Common Types of Boating Accidents

  • The boat hits a wave causing damage or injury
  • Two boats hit each other
  • One boat hits another boat’s wake
  • A boat hits an object such as land or rocks

Holding the Captain Responsible

In recreational boating, the captain can be a family member or friend. Sometimes driving the boat can be the responsibility of a few people on board that takes turns. If an accident occurs that causes injury to passengers, they can hold whoever is controlling the boat responsible for their injuries. A common scenario is when one boat hits another boat’s wake. It depends on a few factors such as speed, the size of the wake, visibility, boat traffic in the area and if the person operating the boat warned the passengers of harsh sea conditions.

In South Florida, boating accidents are reported every day. Some residents are used to seeing them reported on the daily news. While boating accidents are common, personal injury claims and liability for boating accidents are quite complex and require the assistance of an attorney.

If you or your family members have been injured in a boating accident, make an appointment today for further assistance. Be prepared to provide details regarding the accident to the attorney to assure you have a claim or not. Call today!