Boat & Watercraft Accident Lawyer in Miami

Florida leads the nation in registered recreational vessels and consistently ranks first in boating accidents and boating fatalities. Biscayne Bay, the Intracoastal Waterway, the Miami River, and the Florida Keys see more boat traffic than almost any other waters in the United States. Personal watercraft (jet skis), powerboats, sailboats, and tour and charter vessels share crowded waters with novice operators, alcohol, and limited enforcement. If you or a loved one has been hurt in a boating incident in South Florida, the legal landscape is more complex than for a land-based crash — your case may be governed by Florida law, federal maritime law, or both, and the choice of forum can dramatically affect what damages are available.

Florida Law Versus Federal Maritime Law

Boating cases occupy a unique place in American law. Federal admiralty (maritime) jurisdiction applies to incidents on "navigable waters" — generally including Biscayne Bay, the Intracoastal, the open ocean off Florida's coast, and most of the Keys waters. Federal maritime law brings with it certain doctrines that differ from Florida common law:

• The general maritime law governs negligence on navigable waters, with rules largely developed by the federal courts
• Pure comparative negligence applies under federal maritime law (no 51% bar) — a plaintiff who is 80% at fault still recovers 20%
• The Limitation of Liability Act of 1851 (46 U.S.C. § 30501 et seq.) allows a vessel owner to attempt to limit liability to the post-incident value of the vessel — sometimes a tiny fraction of the actual damages
• The Jones Act covers seamen injured in the course of employment
• The Death on the High Seas Act (DOHSA) applies to fatalities occurring more than three nautical miles from shore
• The Longshore and Harbor Workers' Compensation Act covers certain maritime workers

Many South Florida boating cases are filed in Florida state court applying the substantive maritime law where it conflicts with state law. Knowing when each body of law applies — and structuring the pleadings to take advantage of the more favorable rules — is one of the most important early decisions in any boat case.

Common Florida Boating Incidents

• Operator inattention and inexperience — by far the most-cited contributing factors in Florida boating crashes
• Alcohol use — boating under the influence (BUI) is a serious problem in South Florida and a frequent cause of fatal incidents
• Excessive speed in crowded waters and no-wake zones
• Collisions between vessels — including powerboat-on-powerboat, powerboat-on-sailboat, and powerboat-on-personal-watercraft
• Personal watercraft (jet ski) crashes — disproportionately involving young, inexperienced operators
• Propeller strikes against swimmers, snorkelers, and divers
• Wake-related injuries to passengers thrown about by another vessel's wake
• Falls overboard and drownings
• Fires and explosions from defective fuel systems
• Charter and tour boat accidents involving paying passengers
• Dive boat incidents on Keys reef trips

Boating Under the Influence in Florida

Florida's BUI statute (§ 327.35) makes it a crime to operate a vessel with a blood alcohol level of .08 or higher, or while impaired by alcohol or drugs. BUI prosecution evidence — breath and blood tests, FWC officer reports, body-worn camera footage — is invaluable in the civil case, both for liability and for establishing punitive damages. Florida law specifically authorizes punitive damages against intoxicated vessel operators on the same terms as intoxicated motor-vehicle operators under § 768.736.

Insurance Realities

Florida does not require recreational vessel owners to carry liability insurance — and a substantial percentage of South Florida boats operate without any. When a boat operator does carry insurance, policy limits are often modest. Recovery in serious cases frequently depends on:

• The operator's homeowner's umbrella policy, which may extend to recreational vessels
• Owner's liability under maritime law where the operator was someone other than the owner
• Negligent entrustment claims against the owner who let an inexperienced or impaired person operate the vessel
• Charter operator's commercial coverage
• Manufacturer or repair-yard coverage in defect or maintenance cases
• Marina coverage in some incidents

The Limitation of Liability Act

One of the most distinctive features of maritime law is the Limitation of Liability Act, which allows a vessel owner — within six months of receiving a written notice of claim — to file a federal-court petition seeking to limit total liability to the value of the vessel and its pending freight after the incident. If the vessel sank, that value can be near zero. The Limitation Act has many exceptions and is frequently litigated, but the existence of the Act means that in any serious South Florida boating case, written claim notice must be carefully timed and the vessel value protected against post-incident dissipation.

Statutes of Limitation

Maritime personal injury and wrongful-death claims are generally subject to a three-year statute of limitations under 46 U.S.C. § 30106. Florida law claims arising from a boating incident on navigable waters are typically subject to the maritime three-year period regardless of Florida's shorter two-year deadline, though pleading carefully matters. Certain federal claims (Jones Act, DOHSA) have their own deadlines.

If you or a loved one has been hurt in a boating incident anywhere in South Florida, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.