Boating | Maritime

In Florida it is important to evaluate early the liability, damages and legalities involved in accidents happening on the open waters. The Maritime practice defends claims involving injury on any type of watercraft, including Jet-Skis, speedboats and other personal watercraft, as well as riverboats and commercial vessels that occur on Florida's vast waterways.

A unique aspect of maritime law is the ability of a boat or vessel owner to limit liability after a maritime accident using the Federal Limitation of Liability Act. In order to invoke the protection of rol the Limitation Act, a vessel owner must bring a civil action in Federal District Court by filing a Complaint seeking Exoneration and Limitation of Liability. It is important to note that the Complaint must be filed within six months of the vessel owner receiving written notice of a potential claim for damages. So you must act quickly on these accidents when a letter of representation is sent.

Additionally, Section 327.32, Florida Statutes, declares vessels as dangerous instrumentalities. Liability for negligent operation is confined to the operator in immediate control and is not generally imposed against the owner (unlike motor vehicle law) unless the owner is also the operator or on the vessel when the negligent operation and accident occurs.

We also handle a number of issues arising for jet skis and Personal Water Crafts (“PWCs”) are included, and discussed in Section 327.39, Florida Statutes. PWCs are required to be operated in a reasonable and prudent manner and any acts which unreasonably endanger life, limb, or property constitute reckless operation of a vessel. Owners of a PWC are prohibited from renting a PWC to anyone under 14. Importantly, it is unlawful for owners of any rented PWC to permit the PWC to be operated by anyone who has not received instructions on its safe-handling, so it is important to review waivers and training completed for business owners that rent vessels and PWCs.

Maritime law involves a broad array of issues, each governed by unique sets of specialized rules and procedures that may have a substantial impact on your claim, such as unlimited joint and several liability for all damages. Our team is ready to advise you!