hurt on a Naples charter boat

hurt on Naples charter boat Florida’s beautiful coastlines and waterways make boating one of our most cherished activities. From fishing charters in the Gulf to jet ski rentals on our inland waters, these experiences should create lasting memories—not lasting injuries. Unfortunately, accidents on charter boats and rental watercraft occur with alarming frequency in the Fort Myers area.

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.