Boating accidents can result in serious injury or death. When you are injured in a boating accident, you can file a personal injury lawsuit in pursuit of a settlement to pay for your:
- Medical bills and long-term medical care,
- Loss of income and loss of earning capacity, and
- Pain and suffering.
Boating in the open water always carries the risk of a fatal drowning accident. If your family member dies in a boating accident, you can file a wrongful death lawsuit for compensation to cover:
- loss of financial support and
- funeral costs.
Our California personal injury attorneys discuss the frequently asked questions about boating accident lawsuits:
- 1. Can I sue?
- 2. Damages
- 3. Defendants
- 4. Wrongful death
- 5. Injured while drunk boating
- 6. Boating facts and figures
- Additional reading
If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.
1. Can I sue?
If you are injured in a boating accident, you may be able to file a personal injury lawsuit if another person or group caused or helped cause the accident. Under negligence law, a person is liable for injuries caused by their failure to exercise reasonable care under the circumstances.1
A personal injury lawsuit can compensate you for your losses caused by the accident. A personal injury claim is also a way to hold those responsible for their actions that caused injury or harm to you.
When there is a crash between a motorboat and sailboat, chances are the motorboat is at fault since sailboats have right of way.
2. Damages
When filing a personal injury lawsuit, you (the “injury victim” or “plaintiff”) make a demand for damages caused by the accident. This includes any costs or losses associated with the accident. Compensatory damages include both economic and noneconomic damages.
Economic damages cover the financial costs and losses of the accident. These damages can be shown through
- medical bills,
- pay stubs, and
- boat repair estimates.
However, economic damages can also include future expenses, such as
- continuing medical care or
- the loss of earning potential.
Noneconomic damages may be more difficult to estimate. It is up to a jury to determine how much you should receive in noneconomic damages. This includes compensation for the physical, emotional, and reputational damages caused by the accident.
| Economic Compensatory Damages | Noneconomic Compensatory Damages |
| Medical Bills | Pain and Suffering |
| Long-term Care | Emotional Distress |
| Physical Therapy | Disfigurement |
| Medical Supplies and Medication | Physical Impairment |
| Property Damage | Loss of Enjoyment of Life |
| Lost Wages | Disability |
| Lost Earning Capacity | Scarring |
| Court Costs | Loss of Consortium |
3. Defendants
In a boating accident personal injury lawsuit, you will name as defendants anyone who may be responsible for causing the accident. If two or more parties may share responsibility for the accident, multiple parties may be named as potential defendants in a personal injury claim.
In a boating accident, possible defendants may include:
- Boating operator;
- Boat passenger;
- Boat owner;
- Boat manufacturer;
- Jet ski rider;
- Lifeguard; or
- Anyone else involved in the accident.
In some cases involving boating injuries, not wearing a life jacket could reduce the plaintiff’s damages award.
Who is responsible for a recreational boating accident?
Most boating accidents involve recreational watercraft. This may involve a boating enthusiast taking family or friends out for a day on the water or to go fishing. Recreational watercraft includes:
- Speedboats
- Sailboats
- Small yachts
- Fishing boats
- Jet skis and personal watercraft (PWCs)
- Catamarans
- Houseboats
Proving negligence
Determining negligence and who is at fault in a boating accident is similar to fault in a motor vehicle accident. Similar to motor vehicles, the driver or pilot is responsible for operating the watercraft in a safe and responsible manner.
Under Harbors and Navigation Code (HNC) 655,
“no person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.”2
Boat operators owe others a duty of care to use the boat in a way that does not endanger others. This involves
- following the rules of the waterways,
- following boating regulations, and
- watching out for other watercraft, swimmers, and any other obstacles.
When a boat operator is negligent or reckless and causes an accident, the boat operator may be liable for any damages caused.34
To prove negligence in a boating accident case, you need to prove the following:
- The defendant owed you a duty of care;
- The defendant breached the duty of care through negligence; and
- The defendant’s negligence was a substantial factor in causing harm or death.5
What happens if I was injured as a passenger on a boat?
Commercial boating accidents may have a different standard than boating accidents involving recreational watercraft. When you are a passenger injured in a boating accident, you may have a claim against the
- boat company and
- owner.
Watercraft like
- ferries,
- harbor cruises, or
- “booze cruises,”
may be considered “common carriers.” Common carriers are generally defined as businesses that transport people or goods for a fee. Common carriers are held to a higher standard for safety than others.
Under California law,
“a carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.”6
If a captain of a passenger boat failed to use the utmost care or diligence and anyone was injured as a result, the boat company may be liable for any damages.
Accidents caused by boating company employees
A boat business or company may also be liable for any damage caused by an employee. Under “respondeat superior” laws, an employer may be responsible for the damages caused by an employee’s negligence.7
A negligent employee may not have insurance or have enough money to pay for the damages caused by a boating accident. However, the employer is vicariously liable, and is more likely to be able to cover the expensive costs of a personal injury accident.
For policy reasons, holding an employer vicariously liable may also help prevent similar accidents from happening in the future.8 If the boating company did not properly
- train or
- supervise
the employee, the employer may also be directly liable for the accident through negligent hiring.10
Depending on the type of commercial boat or where the accident occurred, federal law and maritime law may apply in addition to or instead of state law. Talk to your lawyer about
- your boating accident and
- whether you have a claim for damages.
Can I sue the boat manufacturer for an accident caused by a defective part?
Some boating accidents are caused by defective
- boats,
- engines, or
- boating equipment.
When a defective boat or boat part caused the accident, you can file a lawsuit to hold the manufacturer liable for any damages.
If a boat sinks or the steering equipment fails, the pilot and passengers can suffer serious injuries or drown. You may not be sure what caused the accident. It may take an investigation to figure out the cause of the accident and see if a defect or malfunction caused the accident.
Proving product liability
Under products liability laws, anyone who
- designs,
- manufactures, or
- sells
a defective product is strictly liable for any damages caused by the defective product. A boating accident caused by a product defect could make the manufacturer, distributor, or product seller liable for damages.10
Product liability lawsuits involving boating equipment can involve:
Product liability claims have “strict liability,” which means you do not need to show that any person or group was negligent. To recover damages in a product liability lawsuit, you generally have to prove:
- The defendant manufactured, distributed, or sold the product;
- The product contained a manufacturing, design, or warning defect when it left the defendant’s possession;
- You suffered harm; and
- The product defect was a substantial factor in causing your harm.12
Example: The new motor in John’s fishing boat had a defect that caused the gas line to spit gasoline, which then caused a fire when the gasoline came in contact with John’s cigarette. Under California’s strict liability laws, the seller may be liable if the product was defective when it left their possession.
4. Wrongful death
Boating accidents are a common cause of drowning deaths. A drowning victim is unable to seek justice for their own death.
However, family members may be able to file a wrongful death lawsuit in court. A wrongful death claim allows the family to
- get compensation for their loss and
- make sure the person responsible for the accident is held accountable.13
In a wrongful death lawsuit, the family can seek damages to compensate the family for their loss. These economic and noneconomic damages include:
- Funeral expenses;
- Burial expenses;
- Loss of financial support the deceased would have provided; and
- Loss of service, training, and affection.14
Under California law, the family members who can file a wrongful death claim include:
- Spouse;
- Domestic partner;
- Children;
- Grandchildren; or
- Others who have a claim under California intestate succession laws.
5. Injured while drunk boating
Alcohol is a factor in a high number of boating accidents. This includes impaired
- boat operators,
- passengers, and
- others.
In many cases, a drunk boat operator does something reckless which causes a drunk passenger to fall into the water, suffering a serious or fatal injury.
However, just because you may have been drinking does not mean you cannot file a lawsuit for damages. Under California’s “comparative fault” laws, you can be awarded damages even if you share some fault in the accident. Your damages are reduced based on your share of the fault.15
Federal courts and not state courts usually have jurisdiction over lawsuits stemming from boating accidents, due to Article III of the U.S. Constitution.
6. Boating facts and figures
In 2022, California had 626,642 registered vessels. That year California had 387 recreational boating accidents, causing $5,977,908 in damages. Forty-two of the accidents were fatal, and two of the deaths were alcohol-related.16
Accident causes
Most boating accidents involve either:
- collisions,
- slip and falls, particularly on the deck,
- fires,
- sinking, and/or
- capsizing.
The causes of these accidents are typically:
- Operator inexperience, error, or intoxication, especially during an emergency or difficult weather. As with cars, it is per se illegal to drive a recreational vessel with a blood alcohol content (BAC) of 0.08% or higher. For commercial vessels, it is per se illegal to drive with a BAC of 0.04%.
- Speeding, which makes the boat more difficult to maneuver. Speed must be reasonable based on such factors as weather, visibility, traffic, swimmers, boat occupants, and any hazards in the water.
- Dangerous weather or water conditions, including storms, “wind-against-tide” conditions, “wakes” from a boat’s hull, breakers, rocks, reefs, wrecks, and islets.
- Defective equipment, and failing to inspect the boat for defects before taking it out.
- Breaking navigation rules (which can lead to collisions or running aground), or failing to have a lookout on larger boats.
- Carbon monoxide poisoning from the motor, engine, or generator, and failing to have a detector.
- Electrocution from dock wiring at a freshwater marina. The electrical current may energize the water and shock anyone swimming close by. Swimmers paralyzed from the shock could then fall victim to electrical shock drowning (ESD).
Boater requirements
As of January 1, 2024 in California, all boat operators 60 or younger are required to have a California Boater Card issued by the Division of Boating and Waterways (DBW). By January 1, 2025, boaters of all ages need one.
To obtain a card, you must pass a boater safety education test administered by the National Association of State Boating Law Administrators (NASBLA). Learn more about Boater Card Requirements.
At all times boaters must abide by both state and federal laws and safety regulations so as not to endanger anyone.
Boat requirements
Every vessel must contain the following devices approved by the Coast Guard:
- Gas ventilation devices
- Fire extinguishers
- Flame arresters
- Personal flotation devices (PFDs) or life jackets for everybody on board
- Sound-producing devices
- Visual distress signals17
Additional resources
For more in-depth information, refer to these scholarly articles:
- Water Sports and Recreational Liability Issues (Come on in, the Water’s Fine!) – FDCC Quarterly.
- Headfirst Aquatic Incident Court Decisions: The Plaintiff’s Odds – Journal of Legal Aspects of Sport.
- That Sinking Feeling–A Boat Owner’s Liability in the Aftermath of a Hurricane – Nova Law Review.
- Sprietsma v. Mercury Marine: Allowing State Regulation of Boat Engine Manufacturers through Products Liability Lawsuits – Loyola Consumer Law Review.
- The Federal Boat Safety Act of 1971 and Propeller Strike Injuries: An Unexpected Exercise in Federal Preemption – Fordham Law Review.
Legal References:
- Rowland v. Christian (1968) 69 Cal.2d 108, 112. See also California Civil Code section 1714(a) (“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”)
- California Harbors and Navigation Code (HNC) 655(a).
- Same.
- California Civil Jury Instructions (CACI) 411 (“Every person has a right to expect that every other person will use reasonable care, unless he or she knows, or should know, that the other person will not use reasonable care.”)
- California Civil Jury Instructions (CACI) 400.
- California Civil Code 2100. See also California Civil Jury Instructions (CACI) 902 — Duty of Common Carrier (“Common carriers must carry passengers safely. Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers.”)
- Perez v. Van Groningen & Sons, Inc. (1986) 41 Cal.3d 962, 967 (“Under the doctrine of respondeat superior, an employer is vicariously liable for his employee’s torts committed within the scope of the employment.”)
- Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202. See also Bailey v. Filco, Inc. (1996) 48 Cal.App.4th 1552.
- California Civil Jury Instructions (CACI) 426 — Negligent Hiring, Supervision, or Retention of Employee. See also Doe v. Capital Cities (1996) 50 Cal.App.4th 1038, 1054 (“California case law recognizes the theory that an employer can be liable to a third person for negligent hiring, supervising, or retaining an unfit employee.”)
- Soule v. GM Corp. (1994) 8 Cal.4th 548, 560 (“A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way.”)
- Sprecher v. Adamson Companies (1981) 30 Cal.3d 358.
- California Civil Jury Instructions (CACI) Series 1200 — Products Liability.
- California Code of Civil Procedure 377.60 (“A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.”)
- Vander Lind v. Superior Court (1983) 146 Cal.App.3d 358. See California Civil Jury Instructions (CACI) 3921.
- California Civil Jury Instructions (CACI) 405. See also California Civil Jury Instructions (CACI) 406. (“… you must then decide how much responsibility each has by assigning percentages of responsibility to each person listed on the verdict form. The percentages must total 100 percent.”).
- 2022 Recreational Boating Statistics, U.S. Coast Guard.
- Federal Boat Safety Act.