Summer in Florida means sunshine, crystal blue water, and a surge of recreational boating activity across the state’s waterways and coastlines. With over 1 million registered vessels, Florida consistently ranks as the state with the highest number of recreational boats in the United States. According to the Florida Fish and Wildlife Conservation Commission (FWC), more than 4 million people take to Florida’s waters each year, whether on boats, jet skis (also known as personal watercraft or PWCs), or other vessels. Unfortunately, with this influx of activity comes an increased risk of accidents and injuries. For those injured in boating or jet ski incidents, understanding Florida’s personal injury laws is essential to protecting your rights.
Common Causes of Boating and Jet Ski Accidents
Boating and PWC accidents in Florida often stem from negligence or reckless behavior. Like other personal injury cases, boating accident claims in Florida generally fall under negligence law. Some of the most common causes include:
Operator Inattention or Inexperience: Many accidents occur because the vessel operator is distracted, inexperienced, or fails to understand navigation rules.
Excessive Speed: Speeding is especially dangerous in congested areas or near docks and swimmers.
Alcohol Use: Boating under the influence (BUI) is illegal and contributes to a significant percentage of serious and fatal accidents.
Equipment Failure or Poor Maintenance: Mechanical failures can lead to dangerous situations, especially if life jackets or emergency equipment are not functional.
Weather Conditions: Sudden storms, rough waters, or limited visibility can increase the risk of collision or capsizing.
Legal Foundations of a Boating Personal Injury Case
To succeed in a personal injury lawsuit, the injured party (plaintiff) must prove:
Duty of Care: The operator of a boat or jet ski had a duty to operate the vessel safely and follow maritime laws.
Breach of Duty: The operator failed to meet that duty—such as by speeding, ignoring navigation rules, or operating while impaired.
Causation: This breach directly caused the accident and resulting injuries.
Damages: The plaintiff suffered actual harm, such as medical expenses, lost income, or pain and suffering.
Florida’s Boating Laws and Regulations
Florida law requires individuals born on or after January 1, 1988, to complete a boater safety education course before operating a vessel powered by 10 horsepower or more. Jet ski operators must follow similar requirements, and no one under 14 may operate a PWC.
Key safety regulations include:
- Life Jackets: Required for each person on board; children under 6 must wear one at all times on boats under 26 feet.
- No-Wake Zones: Must be observed near shorelines, marinas, and designated areas to reduce the risk of collisions.
- Hours of Operation: PWCs cannot be operated between 30 minutes after sunset and 30 minutes before sunrise, even with navigational lights.
Violating these laws not only results in fines but can be used as evidence of negligence in a personal injury claim.
Comparative Fault in Florida
Florida follows a modified comparative negligence system. This means if you are partially at fault for your own injuries, your compensation may be reduced in proportion to your share of the blame. However, as of recent changes in Florida law, if you are found more than 50% at fault, you may be barred from recovering damages entirely.
Seeking Legal Help
Because boating accident cases can involve complex questions of maritime law, insurance coverage, and liability, it’s important to consult a personal injury attorney experienced in watercraft incidents. They can help investigate the accident, negotiate with insurers, and, if necessary, file a lawsuit to recover damages for medical bills, lost wages, and pain and suffering.
If you or a loved one is injured in a boating or jet ski accident, knowing your legal rights is the first step toward recovery and justice. Call Probinsky & Cole today to learn more about your options.
