Florida Personal Injury Law & Recreational Boating Accidents
“Accidents at Sea”. That’s a common way of referring to “Admiralty” or “Maritime” cases. But not all such accidents occur on big cruise ships at sea.
With its large population and thousands of miles of shoreline and inland lakes and rivers, it is not surprising that Florida has more registered water vessels than any other state. Furthermore, water vessel accidents involving personal injuries frequently occur in Florida. In 2007, 376 injuries were reported involving 949 vessels and 14 swimmers. The total fatality count for 2007 was 77 with 6 of the 77 fatalities defined as commercial accidents. Of the fatal water accidents in 2007, 56% of these fatalities were in vessels less than 17 feet in length. See reference #1.
Passengers on a private recreational boat may be able to recover damages as the result of the negligent actions of the boat’s operator. These cases are analogous to situations where a car driver negligently operates the vehicle resulting in injuries to his/her passenger(s).
The following is an example of a situation where a recreational boat owner may be found liable for the injuries caused to his passenger under Florida state law. A boat owner extends an invitation to a friend to take a trip across a lake on the owner’s boat. The water gets choppy, but the boat owner decides to “brave it” and not turn back even though he is much closer to the side of the lake from which the trip originated. The boat is hit by a large wave, causing the friend to be thrown against the side of the boat. The friend suffers numerous lacerations and bruises; fractures her left leg in two places; and subsequently incurs medical expenses in excess of thirty thousand dollars ($30,000.00).
Now assume that the injured person sues for damages, claiming that the boat operator was negligent as to speed/boat-handling and decision-making. The boat operator blames the “accident” on unexpected bad weather (known as an “Act of God” defense). Will the injured person be able to recover damages?
Florida case law provides that a private boat operator can be held financially responsible for his/her negligence. See Reference #2. Furthermore, Florida statutory law provides that boating safety regulations “shall apply to all vessels, . . . operating upon the waters of this state.” See reference #3. Thus, an “Act of God” defense will, in and of itself, should not necessarily preclude a finding of negligence. Other facts will also play a role in the determination of negligence. For example, in this case, the boat operator failed to take an action which may have prevented the passenger’s serious injuries, i.e., he unreasonably failed to return to shore.
Although the above example describes a non-maritime law case, it must be emphasized that many water vessel accidents, including accidents involving jet skis, which occur on navigable waters may actually be categorized as “maritime” or “admiralty” cases. See reference #4. Correct categorization is important because the statute of limitations for bringing an action for personal injury under maritime law is generally less than the statute of limitations for non-maritime law personal injury cases. See reference #5. Therefore, persons injured in a recreational boating accident who are considering pursuing negligence claims against the water vessel operator should consult with personal injury attorneys who are knowledgeable in “maritime” law.
References
1. From Statistics compiled by the Florida Fish and Wildlife Conservation Commission, a Division of Law Enforcement. Available on-line at http://myfwc.com/law/boating/.
2. Mihelich, etc. v. Travers, 889 So. 2d 837 (Fla. 5th DCA 2005).
3. FLA STAT. ch. 327.58 (2008).
4. Beckman v. Rick's Watercraft Rentals, 719 So. 2d 1025 (Fla. 3d DCA 1998).
5. Lipworth, et al., v. Kawasaki Motors, Corp., 592 So. 2d 1151 (Fla. 4th DCA 1992).
