Boat or Recreational Watercraft Injuries

People who operate maritime vessels need to act in a manner that does not put other people in harm's way. When water safety is not observed and someone is negligent, serious injuries such as spinal injuries, closed head injuries and fatalities may result.

Millions of tourists flock to Florida each year to enjoy fun in the sun. Florida has over 4,300 square miles of water; around 2,000 miles of shoreline; and more than 11,000 miles of rivers, streams and waterways, including the second largest freshwater lake in the United States, Lake Okechobee. Unfortunately, the U.S. Coast Guard Office of Boating Safety lists Florida as the most deadly state for boating accidents. Florida has over one million registered vessels in the state, not including the numerous boats that tourists bring each day.

Within the state of Florida, Orange County was listed as one of the top 10 counties in 2006 for Personal Watercraft boating accidents. Florida's miles and miles of coastline and waterfront property provide residents and tourists with the opportunity to enjoy the water, however accidents occur when thousands of residents and visitors flock to Florida's inland waters, lakes, rivers and coastal oceans for a wide range of recreational activities.

Potentially Liable Parties

  • Private Boats. The captain or operator of a private vessel, boat, Jet Ski, sailboat, speedboat, motorboat, pontoon boat, kayak, row boat or charter fishing boat has a responsibility for the safe operation and maintenance of that craft. Operating a boat carries with it certain responsibilities to understand the rules of the water. Serious injuries or death may result when the occupants are bounced around on deck in rough seas when large waves jostle passengers, or a when the occupants fall or get tossed overboard due to a collision with another boat, dock, bridge abutment or other fixed object. Additionally, passengers may be seriously injured when thrown from towables such as inner tubes, or swimmers or water skiers may be struck by boats.
  • Charter Boats, Ferries and Fishing Vessels. Captains of commercial vessels, boats, launches and ferry boats are held to an even higher standard of responsibility. The operators and owners are also responsible for injuries related to crashes or passengers injured because of the decision to sail in rough seas.
  • Personal Watercraft. Personal watercrafts, such as Jet Skis, Wave Runners, Wind Surf Boards or other recreational watercrafts are inherently dangerous. Built for speed, intended for fun, the vehicles do not have brakes and cannot be reliably steered when the operator lets go of the throttle, which may result in: collisions with other watercraft, passengers thrown off or struck when their vessel flips and lands on top of them, swimmers getting run over, and operators crashing into obstacles such as docks. Design defects and individual negligence are also causes of injuries.
  • Drunk Boating. Operating a boat or watercraft while intoxicated is a criminal offense. Drunken boaters who cause collisions are liable to victims for any injuries caused by their gross negligence.
  • Diving Injuries. Scuba divers, snorkelers and swimmers are at great peril in crowded waters. Life-threatening injuries and drowning deaths often result when swimmers are struck by boat propellers or run over by personal watercrafts. Dive flags on the surface are always recommended to alert boaters to steer clear, but unfortunately, these precautions are sometimes ignored by negligent drivers, resulting in catastrophic injuries.
  • Cruise Ships. A variety of accidents can occur on a cruise ship. However, in many cases, a passenger's cruise ticket provides for a very short statute of limitations on personal injury claims against the cruise line. Because of this condensed time frame, it is critical to retain an attorney experienced in personal injury law as soon as possible after the accident. Contacting a lawyer quickly enables the attorneys to document unsafe conditions on the ship and interview witnesses or crew members while they are in port or return to port on subsequent sailings. The following are just a few examples of the serious injuries that can occur while on a cruise: slip and fall accidents on wet or uneven surfaces or decks, or due to cruise ship maneuvering; accidents on cruise line approved excursions at ports of call (snorkeling, jet-skiing, parasailing, bus tours, hiking, etc.); water slide, wave pool and swimming pool accidents; cruise ship sexual assault or harassment or physical assault by crew members or other passengers; contaminated food resulting in severe illness (i.e. Norwalk Virus infections, gastrointestinal infections, salmonella, etc.); medical negligence when people are treated aboard a cruise liner or may be put off at ports in other countries without adequate arrangements made for their care. The treating doctors may not be qualified or have proper medical equipment, leading to wrong diagnosis and/or improper treatment.
Maritime and boating laws are in place to prevent a range of accidents, injuries, and fatalities that occur on Florida's commercial and recreational waterways. These laws and regulations, including but not limited to the Death on the High Seas Act, General Maritime Law, the Jones Act, and the Longshore and Harbor Workers' Compensation Act, are specialized to water vehicles and apply to cruise ships, maritime workers, recreational vessel operators, passengers, and basically anyone out on the water.
 
Recoverable Damages
 
Damages that are available to be claimed in a swimming, boat, jet ski, wave runner, personal water craft (PWC), yacht or kayak accident lawsuit are varied and complex. These damages are intended not as a reward, but as a way to restore the victim to his or her pre-accident status. Since circumstances will vary widely, you should get specific advice from an attorney. For general information, please visit our page on potential recoverable damages.

 

What To Do

Being involved in a boat, jet ski, wave runner, personal water craft (PWC), yacht or kayak accident or any other traumatic event can leave a victim caught up in a complex maze of legal, medical and financial issues at a time when they are least prepared to deal appropriately with those issues. Until you can speak to an attorney, we hope that the general information found on our page on what to do if you have been involved in an accident will be helpful.

Contact the Kane Law Firm, P.A.

The Central Florida offices of the Kane Law Firm, P.A. represent people who are injured in accidents on boats, jet skis, wave runners, yachts, and other recreational watercraft, including collisions with other boaters or fixed objects, swimmers hit by a personal watercraft, and people injured when thrown from a personal watercraft.

If you or a loved one have been the victim of a boat, jet ski, wave runner, personal water craft (PWC), yacht or kayak accident, please call the Central Florida Boating, Jet Ski and Recreational Watercraft Accident Attorneys at the Kane Law Firm, P.A. in Orlando, Florida at (407) 898-9130, submit a contact form on our website, or email us at Info@KaneInjury.com.

We offer a free initial consultation, and if we agree to take your case, we will work on a contingency basis. This means we will get paid for our services only if there is a monetary award or recovery of funds.