Miami is the boating capital of the world. With our crystalline Atlantic waters, the winding Intracoastal Waterway, and the vibrant life of Biscayne Bay, being out on the water is a way of life. However, the density of vessel traffic in South Florida also leads to a high frequency of maritime accidents.
If you have been injured on the water, your first question is likely: Who is responsible? While many assume the person behind the wheel is the only one at fault, maritime law is a complex web of federal and state regulations. Liability often extends far beyond the boat driver.
Is It Always the Boat Driver?
In short: No.
While operator error is the leading cause of maritime accidents in Florida, ranging from speeding and intoxication to simple inexperience, the “driver” is just one piece of the puzzle. Maritime law recognizes that multiple parties often contribute to the conditions that cause a crash or an onboard injury.
Under the legal principle of comparative negligence, liability can be shared among several entities. Identifying these parties is the key to securing the full compensation you need for medical bills, lost wages, and pain and suffering.
Potential Liable Parties in a Miami Boating Accident
- The Vessel Owner: Under Florida law and general maritime principles, a boat owner can be held liable even if they weren’t on the boat when the accident occurred. If an owner allows an inexperienced, unlicensed, or habitually reckless person to operate their vessel, they may be responsible for “negligent entrustment.”
- Boat Rental and Charter Companies: Miami is home to hundreds of rental services. These companies have a strict duty of care to maintain their fleet. If a company fails to provide functional safety equipment or ignores engine maintenance, the company itself can be held liable.
- Manufacturers and Maintenance Shops: Sometimes, an accident isn’t caused by how the boat was steered, but by how it performed. If a steering system fails or a hull delaminates, the manufacturer may be liable under product liability laws.
- Other Vessel Operators: Not all injuries involve a direct collision. If a large yacht passes a smaller vessel at high speed, creating a massive wake that causes passengers to be thrown or the boat to capsize, the operator of the larger vessel can be held liable for “wake damage.”
The Complexity of Maritime Law: Why “Land” Laws Don’t Always Apply
Boating accidents are not just “car accidents on the water.” Depending on where the accident occurred (inland lakes vs. navigable territorial waters), your case may be governed by Florida State Law or General Maritime Law.
Navigating these differences requires a deep understanding of unique legal hurdles, such as:
- The Limitation of Liability Act of 1851: An ancient but active federal law that allows boat owners to attempt to limit their liability to the post-accident value of the vessel. Fighting this requires specialized maritime expertise.
How Brais Law Firm Navigates Your Recovery
At Brais Law Firm, we don’t just handle personal injury; we specialize in the intricacies of the sea. With decades of experience and a Board Certified specialist in Admiralty and Maritime Law, our firm is uniquely positioned to handle the challenges of South Florida boating claims.
Identifying All Sources of Recovery
We perform deep-dive investigations to identify every liable party. We look past the driver to see if a multimillion-dollar charter company or a negligent manufacturer shares the blame, ensuring you aren’t limited to a single, inadequate insurance policy.
Expert Investigation and Evidence Gathering
Maritime evidence disappears quickly. Currents move debris, and salt water corrodes mechanical evidence. Our team moves fast to secure GPS data, “black box” engine records, and witness testimony. We work with marine surveyors and accident reconstruction experts to prove exactly what went wrong.
Proven Results in Miami Waters
Our firm’s roots are in Miami. We understand the local waterways, the local courts, and the specific risks inherent to our coastline. We provide the sophisticated legal representation typically found at large firms, with the personalized, aggressive advocacy of a specialized boutique practice.
Contact a Miami Maritime Attorney Today
If you or a loved one has been injured on a jet ski, a private center console, or a luxury charter, do not assume the insurance company will play fair. Liability in boating accidents is rarely “open and shut.”
Call our Miami boating accident lawyers today to schedule a free consultation. Let us help you hold the right parties accountable and steer your case toward a successful recovery.
