If you’ve been injured while enjoying Florida’s waters, understanding your legal rights is crucial. An experienced Naples personal injury attorney can help guide you through the complex legal landscape of maritime injuries.
Understanding Maritime Liability in Florida
Charter boat operators and rental companies have a legal duty to provide reasonably safe vessels and equipment. When they fail to meet this standard, they may be liable for resulting injuries. Under Florida law and federal maritime statutes, several parties could potentially bear responsibility:
- Charter boat operators and rental companies may be liable for negligent maintenance, inadequate safety equipment, or failure to warn of known hazards.
- Boat captains or operators could face liability for negligent navigation, operating under the influence, or disregarding weather warnings.
- Manufacturers may be responsible if equipment defects contributed to your injury.
- Other boaters whose negligence caused your accident may also bear liability.
Florida Statute §327.54 specifically addresses livery (rental) vessel requirements, mandating that companies ensure their vessels are seaworthy and equipped with proper safety gear. Additionally, they must provide basic safety instruction to renters.
“But I Signed a Waiver”—Do You Still Have a Case?
Many clients come to us believing they have no recourse because they signed a liability waiver. This is often not true.
While Florida courts do recognize liability waivers (also called exculpatory clauses), these agreements have significant limitations:
- They cannot absolve a party from gross negligence or intentional misconduct under Florida law.
- They must be clear and unambiguous to be enforceable, as established in Sanislo v. Give Kids the World, Inc. (2015).
- Federal maritime law may preempt certain liability waivers in boating accidents.
Florida courts have also ruled that boat operators’ liability waivers don’t protect against claims of gross negligence. This is a severe form of negligence that involves reckless disregard for the safety and well-being of others. An example would be failure to do a proper headcount resulting in a passenger being inadvertently left at sea.
Recoverable Damages if You’re Hurt on a Naples Charter Boat or Rental Watercraft
If you’ve been hurt on a Naples charter boat or in a rental watercraft accident, you may be entitled to various forms of compensation:
- Medical expenses: Both current and future medical costs related to your injury
- Lost wages: Compensation for time missed from work and diminished earning capacity
- Pain and suffering: Compensation for physical pain and emotional distress
- Loss of enjoyment: Damages for inability to enjoy previously possible activities
- Property damage: Reimbursement for personal property damaged in the accident
In severe cases involving wrongful death, families may pursue additional damages under Florida’s Wrongful Death Act.
Critical Steps to Take After a Southwest Florida Boating Accident
- Seek immediate medical attention, even for seemingly minor injuries. Some conditions, particularly those involving water accidents, can worsen over time.
- Report the accident to the appropriate authorities. Under Florida Statute §327.30, operators must report accidents involving significant injury, death, or property damage to the Florida Fish and Wildlife Conservation Commission.
- Document everything. Take photos of injuries, the accident scene, and any equipment involved. Collect contact information from witnesses.
- Avoid giving recorded statements to insurance companies or signing any documents before consulting an attorney.
- Preserve evidence including clothing worn during the accident, rental agreements, and all medical records.
- Consult with an experienced maritime injury attorney as soon as possible.
Why Legal Representation Matters
Maritime law adds layers of complexity to personal injury cases. Unlike standard personal injury claims, Naples boating accidents may fall under federal admiralty jurisdiction, imposing different rules and statutes of limitations.
The statute of limitations for maritime personal injury claims is generally three years under federal law, but Florida state law claims typically have just two years. Missing these deadlines could permanently bar your recovery.
An experienced Naples personal injury attorney can navigate these complexities, identify all potentially liable parties, and properly value your claim. We understand the medical, financial, and emotional challenges you face and will fight tirelessly for the compensation you deserve. If you or a loved one has been injured in a charter boat or rental watercraft accident in Southwest Florida, don’t navigate these troubled waters alone.
If you are injured in Naples, Fort Myers, or Key West, contact Garvin Injury Law at 800.977.7017 for a free initial consultation.
Additional Resources:
Boating Accident Statistical Reports, Florida Fish and Wildlife Conservation Commission
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