Miami Boat Accident Lawyer

Boat accidents and injuries in Florida

According to the U.S. Coast Guard’s 2024 Recreational Boating Statistics Report, more than 11.67 million recreational vessels were registered across the United States in 2024, and the number of personal watercraft in active use continues to grow year over year. The use of personal watercraft, such as Jet-Skis and other brands, has grown steadily since the 1990s.

The same USCG 2024 report recorded 3,887 boating incidents nationwide, resulting in 556 deaths, 2,170 non-fatal injuries, and roughly $88 million in property damage. Florida is no exception. 

According to the Florida Fish and Wildlife Conservation Commission’s 2024 Boating Accident Statistical Report, the state recorded 685 reportable boating accidents and 81 fatalities in 2024, leading the nation in both categories. That represented a 37% increase in boating deaths over 2023.

2024 boating accident statistics at a glance

Sources: USCG 2024 Recreational Boating Statistics Report; FWC 2024 Boating Accident Statistical Report

When to consult a Miami boat accident lawyer

If you have suffered an injury on a boat while boating or while engaged in other water sport activities, you should consult a personal injury attorney who has experience handling such claims as soon as possible after the accident. The laws that apply to injuries that occur on and around the water are complex, and several questions must be analyzed to correctly determine the value of a boating injury claim.

Questions your attorney will need to answer

• Does state negligence law, federal maritime law, or both control the claim and the amount of damages that can be recovered?
• Who is the responsible party? Is the negligence lawsuit against the boat owner, the operator, or a rental company?
• Is the cause of action for negligent operation of the vessel?
• Did the vessel malfunction, creating an actionable product liability claim against the manufacturer, as sometimes happens with personal watercraft?
• Are multiple parties liable for the accident, including the boat owner, operator, or equipment manufacturer?

Leading causes of boating accidents in Florida

Florida is home to thousands of regular boaters, and anyone who wants to spend time at sea has a wide range of choices, from lakes and rivers to the ocean and the Gulf of Mexico. While the types of bodies of water may differ, the causes of Florida boating accidents remain alarmingly consistent. The USCG’s 2024 data ranks the top contributing factors in boating incidents nationally as follows:

Top contributing factors in boating incidents (2024)

Source: USCG 2024 Recreational Boating Statistics Report

If you or someone you love has been harmed in a boating accident caused by any of these factors, you need to seek the help of experienced Florida boating accident lawyers as soon as possible.

Common reasons to seek a boating accident injury attorney

Operator inattention

Operating a boat is not much different than driving a vehicle on the road in terms of the focus required of the person behind the wheel. A lapse in attention of even one second can prove dangerous if not deadly. Operator inattention ranked as the #1 primary contributing factor in U.S. boating incidents in 2024, according to the U.S. Coast Guard, and it has consistently held that position in Florida for years.

Lack of a proper lookout

Vessels on the water need more than one set of eyes fixed on the surrounding sea so that potential problems can be spotted and the person operating the boat can take appropriate measures in response. When a vessel is not making use of a lookout, the safety of those onboard is limited to the field of vision of the operator. Failing to use a lookout is always near the top of the list of causes of Florida boating accidents.

Excessive speed

As with vehicles on Florida’s roadways, boat operators tend to speed regularly. When boat operators travel at a rate of speed that is too high, it reduces the margin of error at the operator’s disposal. Reckless operation of a vessel at unsafe speeds raises the likelihood that boats crash into other vessels, docks, or fixed objects.

Alcohol and boating under the influence

Perhaps the most preventable entry on the list of leading causes of Florida boating accidents is the use of alcohol by those who operate vessels. Alcohol use leads to the same lack of judgment and slower reaction times on water as it does on land. The U.S. Coast Guard’s 2024 Recreational Boating Statistics Report confirms that alcohol was the leading known contributing factor in fatal boating incidents in 2024, accounting for 92 deaths, which is 20% of all fatalities that year.

Under Florida Statute §327.35, operating a vessel with a blood-alcohol level of 0.08 or higher constitutes Boating Under the Influence (BUI). If BUI causes a death, the operator may face BUI manslaughter charges, which is a second-degree felony. If the operator failed to render aid, the charge escalates to a first-degree felony carrying serious prison time and fines.

Maritime law vs. state tort law in boating accident claims

Generally, the legal issues in boating accident cases are similar to other personal injury claims, covering questions related to negligence, causation, and damages. But before those questions can be answered, it must first be determined which law will control the case: federal maritime law or state tort law. The differences between federal maritime law and state tort law are significant and sometimes determine the outcome of the case. Only an attorney who regularly handles boating injury cases has the experience to sort through this complexity to maximize the monetary recovery.

When does maritime law apply?

Traditionally, maritime and admiralty law applied only to commercial and ocean-going vessels. More and more recreational vehicles involved in accidents now meet the conditions that trigger maritime law. If the accident occurs on “navigable waters” and there is a relationship between the accident and traditional maritime activities, the maritime law will govern regardless of the type of vessel.

The locality and nexus tests

The legal system refers to the conditions for maritime jurisdiction as the “locality test” and the “nexus test.” These tests determine whether state maritime laws or federal admiralty law governs a particular boating accident claim.

• Locality test: Did the accident occur on navigable waters of the United States?
• Nexus test: Does the incident bear a substantial relationship to traditional maritime activity?

If both conditions are met, federal maritime law applies. This can affect the types of damages available, the applicable laws, and the legal strategy your attorney will use to seek compensation.

The Jones Act and rights of maritime workers

Boating accidents injure a variety of people who work on a boat or ship. The Jones Act is a federal law that extends the provisions of the Federal Employers’ Liability Act (FELA) to provide remedies for seamen and other maritime workers.

Workers covered under the Jones Act

• Skippers, engineers, and deckhands
• Seamen and galley workers
• Fishermen, crabbers, and on-board seafood processors
• Ferry workers and tug and barge hands
• Oil rig workers, longshoremen, and ship repairers

If an injured crew member can prove even the slightest negligence by the employer, the injured worker may recover a monetary award covering pain, suffering, disability, lost wages, and future medical benefits. Learn more about when to hire a personal injury lawyer.

Rights of a person injured on or by watercraft

The potential claims of a person injured by a watercraft are determined by which category they fall into. The category also determines the legal rules that will be applied to the claim.

Related: Miami Cruise Ship Accident Tips

Social guests, business visitors, and bystanders

Most people injured on and around boats are categorized as a social guest. These claims will be determined by general maritime law and state law principles of negligence.

It is a general rule of law that the operator of a boat and the boat owner have a duty to exercise reasonable care in order to prevent injuries to others. The U.S. Coast Guard’s 2024 Recreational Boating Statistics Report found that drowning caused 76% of all boating fatalities in 2024, and 87% of those drowning victims were not wearing a life jacket. Where instruction was known, 69% of deaths occurred on boats where the operator had received no formal boating safety instruction.

Most common types of boating accidents

• Collisions with other boats or fixed objects
• Slip and falls on the boat (see: slip and fall accidents)
• Capsizing, sinking, and boat disappearance
• Drowning accidents caused by passengers who fall overboard
• Injuries from jet skis and other personal watercraft (see: jet ski accidents)

Common violations of the duty of care

Operators of boats, like operators of cars, have a legal obligation to operate their watercraft in a safe manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the boat operator. Common violations of the duty of ordinary care in a maritime setting include:

• Failure to warn against foreseeable harm
• Violations of “rules of the water,” such as excessive speed
• Failure to have proper lights or safety equipment
• Failure to yield to other vessels
• Intoxication (drunk driving equivalents on water)
• Reckless operation and operator inexperience

Boat owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat, or permitting a guest to sit in a dangerous position.

Business visitors and the inherent risk doctrine

Generally, the same duty of care that applies to social guests also applies to business visitors. Under the “inherent risk” doctrine, however, repairmen who are on the vessel to fix a specific problem take on a different risk. The law expects them to be aware of the risks inherent in the repair. For example, the owner does not have a duty to protect a repairman from the risk of fire due to a spark in the engine if the repairman is on board to fix the spark plugs.

Bystanders, swimmers, and water skiers

Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occurred will generally control any lawsuits brought by injured bystanders unless there is a basis to assert admiralty jurisdiction.

Product liability claims for personal watercraft such as jet skis

Although most boating accidents occur due to the boat operator’s negligence or reckless operation, some boating accidents are caused by a defect of the boat itself. According to the U.S. Coast Guard’s 2024 Recreational Boating Statistics Report, machinery failure consistently ranks among the top five primary contributing factors in boating incidents nationwide. That data reinforces the importance of investigating potential product defects after any serious on-water accident.

When an injury results because of a defective or dangerous condition of a boat, the injured person may have a products liability case against the manufacturer.

Manufacturer design defect claims

The manufacturers of personal watercraft have faced numerous product liability claims. These claims allege that a manufacturer design defect makes the watercraft unreasonably dangerous when used in a “foreseeable manner.” A foreseeable use argument alleges the manufacturer could clearly foresee the use of their products by young and inexperienced operators, especially given the manner in which manufacturers market the products.

Types of injuries in Miami boating accidents

Boat accident victims in South Florida suffer a range of injuries depending on the type of collision, the speed of the vessel, and whether safety equipment was in use. Some of the most common injuries sustained in Miami boat accidents include:

• Traumatic brain injuries from impact with the hull, deck, or water surface
• Spinal cord injuries and paralysis
• Broken bones, fractures, and dislocations
• Drowning and near-drowning injuries
• Severe lacerations and propeller strike injuries
• Burns from fuel fires or engine explosions
• Catastrophic injuries and wrongful death

These serious injuries often require extensive medical treatment, generate significant medical bills and medical expenses, and may result in long-term lost wages. Victims who have suffered injuries due to someone else’s negligence have the right to seek compensation for both economic and non-economic damages.

Compensation in Miami boating accident cases

Boat accident victims who can prove negligence may be entitled to financial compensation for their losses. A skilled Miami boat accident attorney will work to recover maximum compensation by building a case that accounts for every category of damage.

Types of damages recoverable in boating accident claims

The insurance company representing the negligent party will often try to minimize payouts. Working with experienced Miami boat accident attorneys who understand both Florida maritime law and the tactics insurers use is the most direct way to pursue fair compensation. Learn more about how much to ask for in a personal injury settlement.

What to do after a Miami boat accident

If you are involved in a boating accident in Miami-Dade County or anywhere in South Florida, the steps you take in the first hours and days can directly affect the strength of your claim. Here is what you should do:

1. Get adequate medical care immediately. Even if injuries seem minor, seek medical treatment right away. Some serious injuries, such as concussions and internal bleeding, may not be obvious at first.
2. Report the accident. Florida law requires that boating accidents resulting in death, injury, or significant property damage be reported to the Florida Fish and Wildlife Conservation Commission (FWC). The U.S. Coast Guard may also need to be notified depending on where the accident occurred.
3. Document the scene. Take photographs, collect witness contact information, and note weather conditions, the location on the Miami River or other waterway, and the names of every party involved.
4. Do not give statements to the insurance company. Insurers will try to use your words to reduce or deny your claim. Speak with a boat accident lawyer before communicating with any adjuster.
5. Contact an experienced boating accident lawyer. A free consultation with a Miami boat accident attorney can help you understand your rights and the applicable laws that govern your case.

For more details, read our guide: What should I do if I was involved in a Miami boating accident?

Types of boating accident cases we handle

Our law firm represents boat accident victims across a wide range of boating accident cases in Miami-Dade County and throughout South Florida, including:

• Recreational boater collisions on Biscayne Bay, the Miami River, and the Intracoastal Waterway
• Jet ski accidents and personal watercraft injuries
• Cruise ship injuries and cruise line liability
• Tour boat and charter boat accidents
• Rental company negligence (failure to provide safety equipment or proper instruction)
• Parasailing accidents
• Fatal boating accidents and accidental death claims
• Maritime accidents involving commercial vessels and maritime workers

Contact a Miami boat accident lawyer for a free consultation

When a water-related accident occurs, a thorough investigation and evaluation of its causes by an experienced legal team matters more than anything else. Complex legal and safety issues may be involved, and the difference between state negligence law and federal maritime law can change the outcome of your case entirely.

If you have been injured on a boat, contact our law offices to speak with a Miami boat accident attorney who has experience handling boat accident and injury claims. We offer a free consultation and work on a contingency fee basis, so you pay nothing unless we recover compensation for you.

Results you can trust

With a proven track record, extensive experience, and a passion for justice, the personal injury attorneys at Bernstein & Maryanoff, Injury Attorneys, are committed to protecting your rights. View our verdicts and settlements.

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