Boating Accidents

Florida Boating Accident Lawyer – Injured on the Water?

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Injured in a Boating Accident? You’re Not Alone.

Florida leads the nation in recreational boating accidents. From jet skis and center consoles to pontoon boats and sportfishing vessels, our waterways see thousands of injuries every year — often caused by careless operators, rental companies, or poor maintenance.

At Sher & Volk, we represent injured passengers, swimmers, and boat operators throughout Florida. With deep experience in maritime and personal injury law, we pursue claims against negligent boaters, rental businesses, and insurance carriers — with an eye toward full recovery.

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Common Types of Boating Accidents in Florida

•      Jet Ski and PWC Collisions: Often rented to inexperienced riders with no supervision

•      Alcohol-Related Accidents: Boating under the influence (BUI) is a leading cause of fatal crashes

•      Speeding or Wake Injuries: Including spinal and brain injuries caused by reckless operation

•      Rental Company Negligence: Failure to train users, inspect vessels, or monitor returns

•      Swimmer Strikes: Propeller or hull impacts in no-wake or anchored zones

•      Boat vs. Boat Collisions: In channels, around docks, or during crowded events

•      Overboard Falls and Ejections: Poor seating design, lack of safety rails, or excessive speed

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Who May Be Liable for a Boating Accident?

•      The Operator: For reckless behavior, intoxication, or inattention

•      The Boat Owner: For negligent entrustment or failure to maintain the vessel

•      Rental Companies: For inadequate instruction, lack of safety equipment, or defective vessels

•      Tour Companies: Including sightseeing, diving, or fishing charters that fail to supervise

•      Product Manufacturers: In rare cases, for design or engine defects

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Liability depends on the facts. We investigate logs, witness statements, GPS data, maintenance records, and insurance coverage to determine who’s responsible.

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What Should You Do After a Boating Accident?

1.      Report the incident to the FWC, Coast Guard, or local marine police

2.      Take photos and gather witness info if safe to do so

3.      Seek medical attention, even for injuries that seem minor at first

4.      Avoid speaking with insurers until you’ve consulted a lawyer

5.      Call Sher & Volk — we’ll preserve your rights and begin investigating immediately

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Why Boating Injury Cases Are Different

Unlike a car crash, boating accident claims often involve:

•      Maritime or admiralty law doctrines

•      Complex jurisdictional issues (state vs. federal)

•      Limited insurance coverage (many policies exclude liability)

•      Untrained operators with no licenses or experience

These aren’t simple PI cases. We understand vessel registration, marine navigation rules, and injury causation on the water.

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How Boating Insurance Works in Florida

Boating insurance is not mandatory for private vessel owners in Florida — and that lack of regulation creates real risks for victims. Even where insurance exists, coverage may be minimal or exclude key types of liability. Here's what you need to know:

•      Many boats are uninsured. Unlike automobiles, there is no legal requirement to carry liability insurance on recreational vessels.

•      Homeowner’s policies don’t cover most boat accidents. Especially if the vessel exceeds certain horsepower or length limits.

•      Rental companies often carry commercial policies. These may include general liability, but exclusions and policy limits vary widely.

•      Charter and tour boats may have P&I insurance. Protection & Indemnity (P&I) policies are common in maritime operations but can be aggressively defended.

•      UM coverage (uninsured boater). If you were injured on a boat and your own policy includes uninsured motorist coverage, it may apply — even if the accident didn’t involve a car.

We identify all potential insurance coverage early and use legal tools to compel disclosure of policy limits.

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What Makes Florida’s Boating Laws Unique

Florida’s year-round boating culture — combined with light licensing requirements — makes its waterways particularly hazardous. Here are a few key legal distinctions:

• No boating license required for adults. Only operators born after January 1, 1988 must complete a boater safety course.

• Rental loopholes. Some companies exploit legal gray areas to rent vessels without confirming experience or instruction.

• Crowded waterways. Popular areas like Biscayne Bay, the Intracoastal, and Lake Okeechobee see heavy recreational traffic.

• Sunset and night navigation. Many accidents occur in low-visibility conditions. Florida law sets specific lighting and look-out rules that, if violated, support liability.

Our firm understands the unique legal and practical risks of boating in Florida — and we hold negligent parties accountable under both state and maritime law.

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Hypothetical Case Illustration: Jet Ski Collision at a Rental Dock

Imagine a fictional scenario: A family visiting from Georgia rents two personal watercraft from a beachfront company. The rental business gives a 5-minute verbal safety talk — no written instructions, no waiver in the client’s language. Minutes into the ride, a teenager crashes into her cousin after misjudging throttle response. One suffers a concussion, the other a fractured arm.

In a case like this, the rental operator could be liable for failing to provide adequate instruction and safety briefings. Bystander video and GPS records may support a negligence claim, leading to recovery through commercial insurance.

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Frequently Asked Questions

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What laws apply to boating accidents in Florida?

It depends where the accident happened. Navigable waters may trigger federal admiralty law, while lakes and inland areas follow Florida state law. We handle both.

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Can I sue a boat rental company if I signed a waiver?

Possibly. Waivers are not always enforceable, especially if the company acted grossly negligent or failed to provide warnings in your language.

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What if I was partly at fault?

Maritime law uses a pure comparative negligence system. You can recover damages, though they may be reduced based on your share of fault.

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How long do I have to file a claim?

Most boating injury lawsuits must be filed within 2 to 4 years, depending on the facts and legal theory. It’s best to contact a lawyer immediately.

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What damages can I recover?

Medical bills, lost wages, pain and suffering, permanent impairment, and more — including wrongful death in fatal accidents.

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Schedule a Free Case Review

If you were hurt on the water — whether by a boat, Jet Ski, or negligent operator — contact Sher & Volk, P.A. for a free consultation. We’ll explain your rights, investigate liability, and fight for every dollar you deserve.

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