Florida’s vibrant waterways are a magnet for boating enthusiasts. But sunny skies and cool breezes can turn stormy if an accident occurs. In terms of fault and negligence — understanding the potentially liable parties is crucial to your compensation.
Captains and boat owners
In most cases, the captain or operator of the boat that caused the accident is liable for damages. Their actions, including reckless conduct and operating under the influence (OUI), can lead to lawsuits. The boat’s owner might also be responsible — even if not present — if they failed to ensure the vessel was seaworthy or properly equipped.
Charter and tour companies
Chartering a boat for fishing, diving, or sightseeing adds another layer to liability. Here, the charter company, captain and crew may all share responsibility for passenger safety. The company must ensure the vessel is in good condition and the crew is qualified, while captains must operate safely and avoid hazards.
Other parties
The circle of potential liability can widen. A boat manufacturer could be responsible if a defective part caused the accident. Marinas or maintenance companies that failed to identify and fix crucial issues might also be part of the picture. Even fellow passengers who cause injuries through negligence could be held accountable.
Determining fault
Florida’s comparative negligence system means the court assigns a percentage of responsibility to each involved party. If you contributed to the incident, your compensation will decrease by your share of the fault.
As you can see, boating accident cases can be complex and involve many parties. Someone experienced in Florida maritime and injury law can guide you through your boating accident claim and fight for the injury compensation you deserve.