In Florida, we are blessed with vast expanses of inland, coastal and offshore waters for our enjoyment and exploration. Therefore, it is not surprising to know that Florida has more registered vessels than any other state in the nation. Unfortunately, we also lead the nation in another disturbing statistic - the highest number of boating fatalities annually. No matter whether you like to sail, fish, cruise, island-hop, jet ski or just ride along as a passenger, everyone who comes in contact with a boat on the water should be familiar with the basic laws governing this activity as well as important safety precautions.
Injuries from boating related activities can result from collisions between boats, persons falling overboard, drunk boaters, propeller injuries, falls at docks, ramps and marinas, fishing injuries, severe seasickness, falls on boat decks and ladders, hypothermia and a host of other causes. The laws governing legal liability for these injuries can be complex and confusing. We encourage anyone who has a potential claim to contact an attorney as soon as possible after the incident to preserve and understand their particular rights, as these claims are often governed by a shorter statute of limitations than other injury claims.
There are certain basic laws that apply to all boaters in Florida who operate a vessel powered by a motor of 10 horsepower or more. Anyone who was born after January 1, 1988 is required to successfully complete an approved boater education course. Upon completion of the course, the boater is required to carry the Boating Safety Education ID Card at all times while operating a vessel. Persons born prior to that date are not required to complete this course, but it is highly recommended and readily available through the United States Coast Guard Auxiliary and other organizations. There are other rules and requirements for operating Personal Water Craft (PWC) and boats that all operators should know.
In addition to the requirements of the Boating Safety Education courses, there are certain safety rules and regulations that apply to boating. These requirements vary with the size and type of vessel. For example, all vessels must carry a specific number and type of personal flotation device (life jackets), a certain number and type of fire extinguisher, a certain number and type of lights, a certain number and type of flares etc. Knowing and complying with these requirements are the responsibility of the operator of the vessel, and these rules are thoroughly reviewed as part of any approved Boating Safety Education course. Failure of the operator or owner of a vessel to comply with the applicable rules can expose him or her to civil liability for injuries to others.
As the saying goes, "knowledge is power", and this is especially true in the realm of boating. Injuries happen quickly, and many times can be prevented with adequate knowledge and experience. As any boater knows, the conditions and natural elements encountered while on a boat are significantly different from those on land. The educated boater is usually a safe boater.
If you or someone you know has been injured in a boating or marine-related activity, please call our office to discuss the specific details as soon as possible after the occurrence. Our attorneys are boaters and have a great deal of experience on the water, which assists us in handling these cases. Be smart on the water, and be safe!
