Miami’s Crowded Waters: Proving Liability After a Florida Boating Accident — Before the 2-Year Deadline

Every vessel operator in Florida owes a duty of reasonable care, and operating a vessel in a reckless manner violates Section 327.33 of the Florida Statutes. When vessel operators violate this duty, boat accident victims generally have two years to sue under Florida’s personal injury statute of limitations (as revised in 2023). Miami-Dade County has led the state in boating accidents in recent years, and Silva & Silva is committed to fighting for local boat accident victims and their families.

When you go boating in Florida, you have the right to enjoy your time on the water without someone else putting you in fear for your safety. All boaters have safety obligations under Florida law, and boaters are supposed to respect these obligations every time they leave the boat ramp or the dock.

Unfortunately, boaters don’t always put safety first. Boating accidents are far more common than they should be, and many vessel operators and passengers find themselves dealing with serious injuries that could (and should) have been avoided. If you or a loved one has been seriously injured in a boating accident in Miami-Dade County, here is an overview of what you need to know:

Florida’s Boating Duty of Care and the 51% Comparative-Fault Bar

Under Florida law, all boaters have clear legal obligations, and all boating accident victims have clear legal rights. But, as a boating accident victim (or as the family member of a boating accident victim), it is up to you to prove your legal rights—and this makes it important to take action promptly.

All Vessel Operators Owe a Duty of Reasonable Care

Filing a successful claim after a boating accident in Florida requires evidence that the vessel owner who was at fault violated his or her duty of reasonable care. Failing to exercise reasonable care constitutes negligence, and negligence is the most common ground for filing a personal injury claim or wrongful death claim in Florida.

On the water, negligence can take many different forms. Some of the most common forms of negligence involved in serious and fatal boat accidents in Miami-Dade County include:

• Operating a vessel without adequate experience
• Going too fast for the weather, water, or traffic conditions
• Boating while distracted
• Boating under the influence (BUI)
• Failure to maintain adequate control of the vessel

Again, these are just some of the most common examples. Seeking just compensation for a boating accident in Miami-Dade County requires evidence of the specific form of negligence involved. Gathering the evidence needed involves conducting a comprehensive investigation; and, as discussed in greater detail below, investigating promptly can be critical to proving boating accident victims’ and families’ legal rights.

Reckless Boating Violates Section 327.33 of the Florida Statutes

In some cases, vessel operators’ conduct will go beyond negligence. In cases of recklessness, boaters can face criminal penalties under Section 327.33 of the Florida Statutes. This section of the law states:

“A person who operates any vessel, or manipulates any water skis, aquaplane, or similar device, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure a person is guilty of reckless operation of a vessel.”

Violating Section 327.33 also constitutes “negligence per se.” This has important implications in personal injury and wrongful death cases. In short, proving that a vessel operator violated Section 327.33 is enough to prove that the operator failed to meet his or her duty of care. This can limit the evidence that is required—making it easier for victims and families to seek the financial compensation they deserve.

Boating Accident Victims Can File Claims As Long As They Were Not 51% At Fault or More

An issue that commonly comes up in boating accident cases is the issue of “comparative fault.” As part of Florida’s tort reform efforts in 2023, the state did away with its “pure” comparative fault standard in favor of a “modified” comparative fault standard.

Under the new standard, if a boating accident victim is 51% or more at fault in the accident, the victim (or the victim’s family) is not entitled to any financial compensation under Florida law. As a result, insurance companies now routinely try to blame accident victims for their own injuries.

When boating accident victims are less than 51% at fault (but more than 0% at fault), the amount they (or their families) are entitled to recover is reduced based on their level of responsibility. For example, if a boating accident victim suffered serious injuries in an accident in which he or she was 10% at fault, the victim would be entitled to recover 90% of his or her accident-related losses.

Along with the need to promptly conduct a comprehensive investigation, this is another important reason to seek experienced legal representation after a boating accident in Miami-Dade County. An experienced attorney will be able to help make sure the insurance companies do not take advantage of you and fight for the full compensation you deserve.

Proving Negligence (Including Negligence Per Se) Requires a Prompt Investigation

Investigating an accident on the water presents unique challenges. Boats move, debris sink, and the conditions can change rapidly.

But, while investigating a boat accident can be challenging, it is not impossible—as long as a victim or the victim’s family members take action in time. A law firm that has experience representing clients in boating accident cases will know what needs to be done—and will be able to get to work immediately.

You Generally Have Two Years to File a Claim After a Boating Accident in Florida

Another important timing-related consideration to keep in mind is that personal injury and wrongful death claims are subject to strict deadlines (or “statutes of limitations”) in Florida. Typically, accident victims and their families have two years to take legal action under Florida law. Regardless of the evidence that is available, if you don’t file a claim before the statute of limitations expires, you won’t be able to hold the negligent boater (or the boater’s insurance company or employer) accountable.

While two years is a long time, it is important to keep in mind that waiting any longer than necessary can make it more difficult to prove your legal rights. With this in mind, if you have questions about filing a claim for a boating accident in Miami-Dade County, we strongly encourage you to speak with a lawyer as soon as possible.

When Federal Maritime Law Applies — and Why It Matters

Everything we discussed above applies when a boating accident is governed by Florida law. But, in some cases, boating accidents will be governed by federal maritime law instead.

Federal maritime law can apply in cases involving accidents on “navigable waters.” These are waters used for (or capable of being used for) interstate commerce. As a result, both inland and offshore waters can qualify; and, in areas like Miami, determining whether state or federal law applies can be a key first step toward seeking just compensation.

If federal law applies in your case, this can impact what you need to prove, how long you have to file a claim, and what compensation you are entitled to recover. In other words, this can make a big difference in your case. At Silva & Silva, our lawyers handle boating accident cases governed by state and federal law; and, no matter what it takes to assert your legal rights, we can fight for just compensation on your behalf.

Why Miami-Dade County Leads Florida in Boating Accidents

For the past several years, Miami-Dade has been among the counties with the highest number of boating accidents statewide. It’s not hard to see why. Several factors contribute to Miami’s high number of boating accidents, including:

• Miami’s coastal location
• Miami’s robust maritime industry
• Miami’s busy tourism industry
• Miami’s large number of recreational boaters
• Miami’s often unpredictable storms

While boating in Miami’s inland and coastal waters shouldn’t be dangerous, too often, it is. Accidents involving recreational and commercial vessels are a common occurrence—from collisions with vessels and swimmers to collisions with docks, bridges, and other fixed objects.

Since Miami’s waterways are crowded and often unpredictable, local vessel operators should slow down and prioritize the safety of their passengers, their crew, and other boaters. However, many do not. As a result, boating accidents regularly occur under circumstances in which they could (and should) have been avoided—and this means that victims and their families will be entitled to financial compensation in many cases.

Evidence to Preserve in the First 24 Hours After a Crash

When you hire a Miami boating accident lawyer to represent you, your lawyer’s first priority will be to conduct an investigation focused on preserving as much evidence as possible. If you have any evidence in your possession, you should be sure to preserve this evidence as well. Some examples of evidence that it is important to preserve in the first 24 hours after a boating accident (if possible) include:

• The Vessel(s) Involved in the Accident – It will be important to examine each of the vessels involved in the accident before they get repaired or sent for salvage.
• Forensic Evidence – Debris in the water (or on the shore) and various other forms of forensic evidence may also be available to help with establishing liability.
• Cell Phone Photos and Videos – If you, your loved one, or anyone else took photos or videos before or after the accident, these could be key for determining what happened and who is to blame.
• Other Footage of the Accident – If the accident was captured by a business’s surveillance camera, a weather camera, or a dock camera, this footage could play a key role in your case as well.
• Eyewitness Statements – Eyewitness statements can also serve as valuable evidence in boating accident cases, and your lawyer will want to talk to any witnesses as soon as possible.

Various other forms of evidence may also be available to prove liability. For example, if the at-fault boater was distracted or impaired, his or her phone records or receipts could be key evidence in your case. Your law firm will be able to identify all available sources of evidence and take the legal steps necessary to secure this evidence while it remains available.

Discuss Your Case with a Miami Boating Accident Lawyer at Silva & Silva

If you need to know more about filing a personal injury or wrongful death claim after an accident on South Florida’s inland or coastal waters, we encourage you to contact us right away. To discuss your case with an experienced Miami boating accident lawyer at Silva & Silva as soon as possible, call 305-445-0011 or request a free consultation online now.