Broward County Boating Accident Lawyers

If you were injured in a boating accident caused by the negligence of another, you may have questions about how to hold the other party accountable, how to handle insurance companies, and what compensation may be available to cover your losses. The boating accident attorneys at Lesser, Landy, Smith & Siegel fight for injured victims in Broward County and throughout Florida and can help you get the answers you need. Call us in Broward County at (954) 495-2715 for a free consultation.

Do I Have a Boating Accident Case?

A viable boating accident case in Florida depends on four elements: duty, breach, causation, and damages. Every vessel operator in Florida has a duty to operate in a reasonable and prudent manner (see Florida Statute § 327.33). A breach occurs when an operator fails that standard through actions such as speeding, inattention, operating under the influence, or ignoring navigation rules. Causation connects the breach directly to your injuries, and damages means the injury produced measurable losses like medical expenses, lost income, or lasting physical harm. All four elements need to be present for a viable case.

Who Can Be Held Liable

Liability doesn’t always rest solely with the person at the helm. Florida Statute § 327.32 places primary liability on the vessel operator, and also holds the owner liable if the owner was operating the vessel or was present on it at the time. An owner may also face liability under the common law doctrine of negligent entrustment if they allowed an unqualified or impaired person to operate the vessel.

Depending on the circumstances, other parties may also carry liability:

A boat rental or charter company, if they rented a vessel without adequate instruction or allowed an unqualified operator to take it out
A marina or dock operator, if unsafe conditions contributed to the accident
A boat or equipment manufacturer, if a mechanical defect caused or worsened the accident
A commercial tour or excursion operator, if the accident happened on a guided or commercial outing

Florida State Law vs. Federal Maritime Law

Think of this as a question of location. Where your boating accident happened completely changes the rules of your legal case. It decides how long you have to file a lawsuit, how blame is shared, what kind of payout you can get, and even which courthouse you have to go to.

Here is the basic breakdown of how the waters are divided:

Florida State Law: This applies if the accident happened on “closed” waters completely inside Florida’s borders, like a landlocked private lake.
Federal Maritime (Admiralty) Law: This kicks in the moment you are on “navigable” waters. In Broward County, this means the Atlantic coast, the Intracoastal Waterway, or any river or canal that connects to the ocean or cuts across state lines.

Because Broward County has so much coastline and connected waterways, figuring out which law applies is the very first thing a lawyer needs to look at before doing anything else.

How to Choose the Right Boating Accident Lawyer

Not every personal injury attorney is equipped to handle a boating accident case. Questions about federal maritime law, FWC investigations, vessel owner liability, and multi-party negligence require attorneys who work in this area regularly. Here’s how to evaluate your options:

Confirm they handle boating accident cases specifically. Ask directly whether they have handled cases where maritime law applied and whether they know how to work with FWC accident reports.
Ask how they determine which law governs the case. For Broward County accidents on the Intracoastal or Atlantic coast, the answer directly impacts your statute of limitations, available damages, and where the case is filed.
Ask who they identify as potentially liable. A thorough attorney looks beyond the operator to the vessel owner, any rental or charter company, and other responsible parties before building a case strategy.
Confirm they work on contingency. No attorney fees unless there is a recovery is the standard in Florida personal injury cases, and you should not pay out of pocket to pursue a legitimate case.
Look for local experience. Attorneys familiar with Broward County courts and the FWC South Region bring practical knowledge that affects how a case is prepared and presented.

Lesser, Landy, Smith & Siegel has represented boating accident victims throughout Broward County for nearly 100 years and knows what it takes to build a compelling case that fights aggressive insurance defense and maximizes compensation.

What to Do After a Boating Accident

The steps you take after a boating accident directly affect your ability to recover compensation. Knowing what to do, and what to avoid, can make a significant difference in your health and the outcome of your case.

At the Scene

Get to safety and seek medical attention. Injuries like head trauma, internal bleeding, and near-drowning complications may not be immediately apparent.
Florida Statute § 327.30 requires the vessel operator to stop, render assistance, and provide identifying information to all other parties.
Gather names and contact information for all witnesses before leaving the scene.
Photograph the vessels, the water conditions, any visible injuries, and GPS data if accessible.
Report the accident to the FWC, the Broward County Sheriff, or local law enforcement. Reporting requirements and deadlines are covered in detail below.

Reporting Requirements

Florida Statute § 327.30 requires the operator to immediately notify the FWC, the Broward County Sheriff, or local law enforcement when an accident results in death, disappearance, injury requiring medical treatment beyond basic first aid, or property damage of $2,000 or more. Florida Statute § 327.301 requires the operator to also file a written accident report:

Within 48 hours for accidents resulting in death, disappearance, or injury requiring medical treatment
Within 10 days for accidents involving property damage of $2,000 or more or vessel loss

Request a copy of the FWC report once it is filed, as it becomes an important piece of evidence in your case.

After Leaving the Scene

Follow up with a doctor even if you were treated at the scene. Document all medical treatment from the date of the accident forward.
Do not give a recorded statement to the at-fault party’s insurance company before consulting an attorney. Insurance adjusters use recorded statements to limit or deny compensation.
Contact a boating accident attorney to begin preserving evidence, including vessel maintenance records, registration records, and any available surveillance or Coast Guard reports.

Working With Our Firm and the Case Process

Your First Consultation

The first step is a free consultation where one of our boat accident lawyers reviews the details of your accident, identifies who the liable parties are, and determines whether Florida state law or federal maritime law governs your case. You don’t need to have all the answers going in — that analysis is part of what the consultation is for.

How We Build Your Case

Once retained, Lesser, Landy, Smith & Siegel gets to work gathering the evidence needed to establish liability and document your losses:

Obtaining and analyzing the FWC accident report and any Coast Guard reports
Subpoenaing vessel maintenance and registration records
Identifying all liable parties, including the operator, owner, and any rental or charter company
Retaining accident reconstruction or maritime experts when the facts require it
Documenting all medical treatment, future care needs, and economic losses
Investigating whether BUI was a factor, as a BUI finding in a criminal proceeding strengthens the civil case significantly

Resolution and Timeline

Most boating accident cases resolve through negotiation with the at-fault party’s insurer or vessel owner. If a reasonable resolution isn’t reached, Lesser, Landy, Smith & Siegel is prepared to take the case to court. Timeline varies based on the severity of injuries, the number of liable parties, and whether maritime law applies, but you will be kept informed at every stage.

Insurance Company Issues in Boating Accident Cases

Florida does not require vessel owners to carry liability insurance, so the coverage situation in a boating accident case varies significantly depending on who owned the vessel and how it was being used. When insurance does exist, watercraft policies frequently carry lower liability limits than auto policies, and exclusions for alcohol-related accidents or commercial use can complicate a claim further.

When Multiple Policies Are in Play

If the at-fault operator was using someone else’s vessel, there may be coverage available under the vessel owner’s policy, the operator’s own umbrella policy, or both. Rental and charter companies carry their own commercial policies, which become relevant if the company bears any liability for the accident. At the beginning of the case process, our attorneys will identify all applicable coverage, because the total available insurance directly affects the compensation you can recover.

Fault Disputes and Claim Denials

Comparative Fault Arguments

Florida’s modified comparative negligence rule, established by HB 837 and codified in Florida Statute § 768.81, gives insurance companies a direct incentive to argue that you share fault for the accident. If you are found more than 50% at fault, you cannot recover damages. Insurance companies may try to argue that you share responsibility for the accident based on your own conduct on the water, such as whether you had been drinking or whether you were wearing a life jacket.

Causation Disputes and Recorded Statements

Insurance adjusters will also dispute causation and may argue that your injuries pre-existed the accident or were worsened by gaps in medical treatment. A recorded statement made without an attorney can provide the adjuster with the ammunition needed to reduce or deny your claim. Lesser, Landy, Smith & Siegel handles all communication with insurance companies on your behalf, so your words can’t be used against you.

Compensation That May Be Available

The compensation available in a Florida boating accident case depends on the nature and severity of your injuries, the liable parties, and whether state or maritime law governs. Recoverable damages generally fall into two categories.

Economic Damages

Economic damages cover measurable financial losses:

Medical expenses, including emergency treatment, surgery, hospitalization, and rehabilitation
Future medical care if your injuries require ongoing treatment
Lost wages from time missed at work
Loss of earning capacity if your injuries affect your ability to work long-term
Cost of in-home care or assistance
Property damage to personal items lost or damaged in the accident

Non-Economic Damages

Non-economic damages cover losses that don’t come with a dollar figure attached:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Scarring and disfigurement
Loss of consortium for a spouse

Wrongful Death

If a family member was killed in a boating accident, Florida’s Wrongful Death Act (§§ 768.16–768.26) gives surviving spouses, children, and parents the right to pursue compensation for lost financial support, lost companionship, and mental pain and suffering.

Florida Laws Relevant in Boating Cases

Several Florida statutes directly affect how liability is established and how a boating accident case is built.

Vessel Operation Standards — § 327.33

Florida Statute § 327.33 requires every vessel operator to operate in a reasonable and prudent manner, with regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances. Failing to meet that standard constitutes careless operation under the statute. Operating a vessel in willful or wanton disregard for the safety of persons or property rises to reckless operation, which is a first-degree misdemeanor. A violation of § 327.33 serves as direct evidence of negligence in a civil case.

Operator and Owner Liability — § 327.32

Florida Statute § 327.32 classifies vessels as dangerous instrumentalities, and operators are held to the highest degree of care. Liability for reckless or careless operation falls primarily on the operator in immediate charge of the vessel. An owner can be held liable if the owner was operating the vessel or was present on it when the injury occurred. An owner may also face liability under the common law doctrine of negligent entrustment if they allowed an unqualified or impaired person to operate the vessel.

Boating Under the Influence — § 327.35

Florida Statute § 327.35 makes it unlawful to operate a vessel with a blood alcohol concentration of 0.08% or higher, or while impaired by alcohol, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, to the degree that normal faculties are impaired. Penalties increase significantly when a BUI causes injury or death. In a civil case, a BUI finding or conviction in a related criminal proceeding is powerful evidence of the operator’s negligence.

Accident Reporting — §§ 327.30 and 327.301

Florida Statute § 327.30 requires the vessel operator to immediately notify the FWC, the county sheriff, or local law enforcement when an accident results in death, disappearance, injury requiring medical treatment beyond basic first aid, or property damage of $2,000 or more. Florida Statute § 327.301 requires the operator to also file a written accident report: within 48 hours for accidents resulting in death, disappearance, or injury requiring medical treatment, and within 10 days for accidents that include property damage of $2,000 or more or vessel loss.

Filing Deadlines

The deadline to file a boating accident lawsuit depends on where the accident occurred and which body of law applies:

Florida state law (waters contained within Florida): two years from the date of the accident for negligence-based claims, per Florida Statute § 95.11(5)(a) as amended by HB 837 (effective March 24, 2023). Accidents that occurred before March 24, 2023 are still subject to the prior four-year deadline.
Federal admiralty law (Atlantic coast, Intracoastal Waterway, navigable interstate waters): three years under 46 U.S.C. § 30106.
Wrongful death: two years under Florida Statute § 95.11(5)(e), as governed by Florida’s Wrongful Death Act, §§ 768.16–768.26.
Cruise ship or commercial vessel contracts: contractual deadlines can be as short as six months for written notice and one year to file suit, and those deadlines are typically buried in the ticket or contract language.

When Fault Is Shared — Modified Comparative Negligence

HB 837, codified in Florida Statute § 768.81, changed Florida from a pure comparative negligence state to a modified comparative negligence state, effective March 24, 2023. If you are found more than 50% at fault for the accident, you cannot recover damages. If you are 50% or less at fault, your damages are reduced proportionally to your percentage of fault. In boating accident cases, insurance companies raise comparative fault arguments aggressively, pointing to your conduct on the water, such as whether you had been drinking or whether you were wearing a life jacket.

Frequently Asked Questions

Can I Sue if I Was a Passenger on the At-Fault Vessel?

Yes. As a passenger, you bear no responsibility for operating the vessel, which generally puts you in a strong position to recover compensation from the operator, the owner, or both.

Does Florida Require Boat Operators to Have a License?

Florida requires anyone born on or after January 1, 1988 to complete a boating safety course and carry a Boating Safety Education Identification Card to operate a vessel with 10 or more horsepower. Operating without the required certification can be used as evidence of negligence in a civil case. (Source: myfwc.com)

Can I File a Case if the At-Fault Boater Left the Scene?

Yes. Florida Statute § 327.30 requires operators to stop and render assistance — leaving the scene is a criminal violation. You can still pursue a case against an unidentified operator through your own uninsured boater coverage if you carry it, and law enforcement reports and witness accounts become especially important in identifying the responsible party.

Does My Own Insurance Cover Me in a Boating Accident?

It depends on your policy. If you have watercraft insurance with uninsured boater coverage, that policy may cover your injuries when the at-fault operator has no insurance or insufficient coverage. Standard homeowners or renters policies sometimes extend limited coverage to small vessels, but the terms vary widely.

Can a Boat Rental Company Be Held Liable for My Injuries?

A rental company can be liable if it rented a vessel in unsafe mechanical condition, failed to provide adequate safety instruction, or rented to an operator it knew or should have known was unqualified. The specific facts of how the rental occurred and what information was provided at the time of rental determine whether the company bears liability.

Is There a Difference Between a Boating Accident Case and a Jet Ski Accident Case?

Florida’s boating statutes apply to personal watercraft like jet skis, so the same negligence standards, operator duties, and liability rules apply. Jet ski cases tend to produce severe injuries given the speeds and lack of protection involved, which affects the damages analysis but not the underlying legal framework.

Does Comparative Fault Apply if the At-Fault Operator Was Arrested for BUI?

A BUI arrest or conviction does not eliminate comparative fault arguments entirely, but it significantly strengthens your position. Insurance companies are far less likely to pursue aggressive fault-sharing arguments when the opposing party has a criminal finding against them, and a conviction can be introduced as evidence in the civil case.

Do I Have a Case if the Accident Happened on a Private Lake?

Possibly. If the lake is entirely within Florida’s boundaries and not connected to navigable interstate waters, Florida state law applies. Negligence claims on private lakes follow the same four-element standard, and the owner of the vessel or the operator can still be held liable depending on the circumstances.

Lesser, Landy, Smith & Siegel Will Fight for You

A boating accident can create a complicated and difficult road ahead, but you don’t have to face it alone. Lesser, Landy, Smith & Siegel has represented boating accident victims in Broward County for nearly 100 years. Find out if you have a case by calling (954) 495-2715 for a free consultation. If we take your case, you pay nothing up front and our fees are taken out of any compensation awarded.