Florida's unique boating accident laws and how they impact personal injury claims

  • June 06, 2023
  • 1 minutes

In Florida, boating accident laws are among the most unique in the United States. For those who are victims of boating accidents, understanding these laws and how they impact personal injury claims is essential for receiving the compensation deserved.

Boating accidents occur in a variety of ways, ranging from collisions to accidents that involve the watercraft itself, such as capsizing or sinking. However, what makes Florida's laws unique is that they are governed by a different set of rules than those that apply to other forms of motor vehicle accidents.

  • When it comes to negligence, the standard of proof is higher for boating accidents than for automobile accidents. This means that in order for a personal injury claim to be successful, it must be proven beyond a reasonable doubt that the defendant was negligent.
  • Unlike automobile accidents, there is no "inherent risk" rule when it comes to boating accidents. This means that the victim of a boating accident must prove the defendant's negligence, as there is no legal assumption that the defendant is to blame.
  • Florida's boating accident laws impose a "duties of care" requirement on the defendant. This means that the defendant must take all reasonable steps to ensure the safety of the boat and its passengers. Failure to do so can be used as evidence of negligence in a personal injury claim.
  • The "contributory negligence" rule states that any injury suffered by a victim is the result of the combined negligence of both parties. If a victim is deemed to have contributed to their injury, then the court may reduce or even deny any compensation awarded.

It is clear that boating accident laws in Florida are unique and have a significant impact on personal injury claims. For those who have been victimized in a boating accident, it is essential to understand these laws and to seek the advice of experienced legal professionals who can help to ensure that any personal injury claims are successfully pursued.

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