Under Florida law, those who could be held liable for a boating accident include boat operators, boat owners, other boaters, charter companies, boat or equipment manufacturers, or boat maintenance professionals. A person or company becomes liable for a boat accident if their negligence, violation of safety rules, or wrongdoing directly causes the incident to occur.
This guide will provide insight into liability for boating collisions and other kinds of accidents, and when legal assistance is necessary to pursue a boat accident claim in Tampa and seek full compensation.
Establishing Liability in Florida Boating Accidents
Under Florida law, several different individuals and organizations could potentially be liable for boating accidents in Florida. Those who could be liable include:
- Boat operators who violate safety rules or behave less carefully than a hypothetical reasonable person would under the circumstances
- Boat owners who are liable under Florida’s “dangerous instrumentality” doctrine if someone they allow to use their vessel causes an accident, even if the owner was not negligent
- Other boaters who collide with your boat, or who cause it to collide
- Charter companies, if they rent out unsafe boats or arrange excursions with negligent or untrained captains
- Equipment manufacturers, if a problem with the boat or its parts is to blame for the accident
- Boat maintenance professionals, if they fail to ensure the vessel is seaworthy
Requirements to Hold Someone Liable for a Boating Accident in Florida
If you want to pursue a claim and hold someone liable for a boating accident, you must prove that the person or company:
- Had a duty to you to protect your safety on the boat.
- Breached the duty by violating a safety rule or behaving less carefully than a reasonable person or company would have under the same circumstances
- Directly caused your boating accident and resulting injuries, which damaged you in a way that you can be compensated for
When you are attempting to hold a boat owner liable for an accident caused by the negligent operation of others, you can also involve Florida’s “dangerous instrumentality doctrine,” which makes even non-negligent owners liable if they allow someone else to operate their boat.
It is up to you to prove these elements of a boating accident claim in order to recover compensation from an at-fault party.
How Do You Prove Someone is Legally Liable for a Boating Accident?
You will need to gather evidence to prove a person or company is liable for your boating accident in Florida. You can prove liability by:
- Obtaining reports from the police or the Florida Fish and Wildlife Commission that provide details on the cause of the accident.
- Gathering statements from eyewitnesses, including other passengers or other boaters
- Taking photos from the scene of the boating accident, including the surrounding area and damage to the vessels
- Gathering evidence from the physical wreckage, including from damaged boats
- Obtaining medical records documenting the extent of your injuries
- Presenting expert testimony about the causes of the accident or the extent of your injuries
Do You Need a Boating Accident Lawyer to Prove Liability in Florida?
A boating accident lawyer can help you prove liability after an incident. Diaco Law works with victims to gather the necessary evidence and make compelling arguments demonstrating that the boat operator, boat owner, or other party is liable for losses. Contact us today to learn more.