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We have been handling boat accident claims throughout the country since 1955, and have earned a reputation as one of the most successful personal injury law firms in the nation, winning more than $30 billion dollars in jury verdicts and settlements.
Our law office is located in downtown Pensacola, and our forty attorneys live in the Pensacola community.
State and federal laws regarding maritime and pleasure boating injuries are complex and depend upon various circumstances, such as the type of vessel; how the vessel was being used; where it was being operated; whether injury or death occurred; and whether the injured person was employed on the boat.
Some of the most common types of claims involving personal injury on the water include:
Generally, admiralty and maritime law will cover pleasure boat incidents occurring on navigable waters, oceans, seas, rivers, Great Lakes, etc. However, state law will apply to any incidents occurring on a land-locked lake wholly within one state, or a waterway which includes obstructions which prevent navigation.
Yes, general admiralty and maritime law will apply to sea-doos, jet skis, houseboats, and other personal watercraft operating on navigable waterways.
Most boating accidents require a report to either the state agency regulating boats or to the United States Coast Guard, or both. If an operator is involved in a collision with another boat or an ‘allision’ (which means striking a fixed object or a non-moving vessel), he or she should immediately contact the state agency regulating boats to ascertain what type of report is required, if any.
A reporting requirement is generally triggered if the boating accident involves personal injury requiring medical treatment beyond immediate first aid or damage to any vessel or other property above a certain specified amount, frequently $500.
Failure to remain on the scene, render aid, and timely report the boating accident to an appropriate law enforcement agency is a crime. Report the incident to your insurance company to be safe and if a state or federal report was made. To the extent possible, you should photograph or document the scene and the vessels involved.
The Limitation of Liability Act supports the idea that a vessel owner is entitled to limit its liability after a maritime accident to the post-casualty value of the vessel and the pending freight. Limitations on liability can leave the injured person with next to nothing for recovery. There are circumstances in which a defendant can lose the right to limit liability, and the injured person can pursue the full extent of his/her damages.
Often boating accidents involve liability on behalf of persons other than the operator or owner of the boat. For instance, there may be product liability claims for the poor design of the vessel or inadequately manufactured motors, seats, etc. It is important that all potential claims be well documented and investigated before releasing the vessel.
The doctrine of unseaworthiness is a feature of general maritime law. A vessel owner owes seamen a strict and absolute duty to provide a seaworthy vessel. A seaworthy vessel is one that is reasonably fit for its intended use.
The unseaworthiness defendant is the vessel owner or the operator if the operator has “full possession and control” over the vessel. Unlike the Jones Act claim which is against the seaman’s employer, an unseaworthiness claim is made against the vessel’s owner. In many cases, those two will be the same.
An unseaworthiness claim against the vessel owner is often combined with a Jones Act claim against the seaman’s employer. Both claims must be filed within 3 years of the injury. If an unseaworthiness claim is joined with a Jones Act claim, the plaintiff may ask for a jury trial on the unseaworthiness claim as well as the Jones Act claim.
The duty to provide a vessel that is reasonably safe extends to all parts of the vessel and to almost all facets of its operation. The fact that the unseaworthy condition occurred after the vessel left port is immaterial. It is no excuse that the vessel owner had no notice of or opportunity to correct the condition that caused the injury; liability still will exist. The warranty of seaworthiness is absolute, continuing, and non-delegable. It extends to all parts of the vessel, including the hull, appliances, appurtenances, gear and equipment, even the vessel’s manpower. For example, unfit crew members or an insufficient number of crew members on the vessel may constitute an unseaworthy condition. In addition, temporary conditions such as oil, water, or ice on the deck, known as transitory unseaworthiness, provides a basis for a recovery.
An unseaworthy condition can be created by employees of the owner or even independent contractors. The warranty of seaworthiness imposed by the operation of law on a vessel owner or operator is a powerful tool to protect the rights of seamen.
The Death on the High Seas Act was enacted by Congress in 1920, and provided recovery for the death of any person “caused by wrongful act, neglect or default occurring on the high seas beyond a marine league from the shore of any state.” A marine league consists of three miles from the shore of any state. Deaths occurring further from shore than three miles are covered under the Death on the High Seas Act.
DOHSA does not apply to offshore drilling rigs. These are governed by the Outer Continental Shelf Act and supplemented by the law of the adjacent state.
A claim under DOHSA can be founded on unseaworthiness and is brought against the vessel or the vessel owner. In contrast, the Jones Act covers any seaman who suffers personal injury or dies as a result of injuries sustained in the course of employment. The cause of action is against the seaman’s employer.
The doctrine of unseaworthiness is a feature of the general maritime law. A vessel owner owes seamen a strict and absolute duty to provide a seaworthy vessel. A seaworthy vessel is one that is reasonably fit for its intended use.
An unseaworthiness claim against the vessel owner may be combined with a Jones Act claim against the seaman’s employer. Both claims must be filed within 3 years of the injury. If an unseaworthiness claim is joined with a Jones Act claim, the plaintiff may ask for a jury trial on the unseaworthiness claim as well as the Jones Act claim.
The duty to provide a vessel that is reasonably safe extends to all parts of the vessel and to almost all facets of its operation. The fact that the unseaworthy condition occurred after the vessel left port is immaterial. It is no excuse that the vessel owner had no notice of or opportunity to correct the condition that caused the injury; liability still will exist. The warranty of seaworthiness is absolute, continuing, and non-delegable. It extends to all parts of the vessel, including the hull, appliances, appurtenances, gear and equipment, even the vessel’s manpower. Unfit crew members constitute an unseaworthy condition. In addition, temporary conditions such as oil, water, or ice on the deck, known as transitory unseaworthiness, provides a basis for a recovery.
An unseaworthy condition can be created by employees of the owner or even independent contractors. The warranty of seaworthiness imposed by the operation of law on a vessel owner or operator is a powerful tool to protect the rights of seamen. Experienced maritime counsel should be retained in these cases.
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