Passenger Injuries on Charter Boats: Legal Rights and Claims

Injuries on Charter Boat Trips

Charter boats carry passengers on fishing trips, sightseeing tours, diving excursions, parties, and other recreational outings. Most trips end safely, but a mistake by the captain or crew can quickly place passengers in danger.

A collision, slippery deck, poorly secured hatch, sudden maneuver, or missing piece of safety equipment can cause broken bones, head injuries, spinal cord damage, deep cuts, drowning injuries, and other serious harm.

When an injury occurs on navigable waters, maritime law may apply. The U.S. Supreme Court has held that vessel owners generally owe people lawfully aboard a duty to exercise reasonable care under the circumstances. What reasonable care requires depends on the vessel, the trip, the hazard, and what the operator knew or should have known.

Common Causes of Passenger Injuries

Charter boat injuries can happen while passengers are boarding, walking around the vessel, participating in an activity, or disembarking. Common causes may include:

• Collisions with boats, docks, or other objects
• Slippery decks, clutter, or unmarked steps
• Sudden acceleration, sharp turns, or excessive speed
• Inadequate railings, seating, or handholds
• Poorly supervised swimming, diving, or fishing
• Propeller strikes and falls overboard
• Defective ladders, lines, or other equipment
• Inadequate warnings about weather or rough water
• Boating under the influence
• Improperly trained crew members

Not every passenger injury means someone was negligent. A claim may be possible, however, when a preventable hazard caused the injury and the responsible party failed to take reasonable precautions.

Charter Boat Safety Responsibilities

The captain and crew are responsible for operating the vessel safely and responding to changing conditions. This may include maintaining a proper lookout, following navigation rules, monitoring the weather, controlling the vessel, and keeping required safety equipment available.

Operators should also provide instructions appropriate for the trip. Passengers may need to know where life jackets are stored, which areas are off-limits, how to board safely, and what to do during an emergency. Fishing, diving, tubing, and similar activities may require additional supervision.

Paid charter operations may be subject to Coast Guard licensing, inspection, and passenger-limit requirements. The applicable rules can depend on factors such as the vessel’s size, how it is operated, and the number of paying passengers aboard.

Potentially Responsible Parties

The captain may not be the only party responsible. Depending on the cause of the injury, liability may involve:

• The captain or crew
• The vessel owner
• The charter or tour company
• A maintenance provider
• A marina or dock owner
• A defective-equipment manufacturer
• Another vessel operator

More than one party may share fault. For example, a captain may operate too quickly while a defective steering component makes the vessel harder to control. A charter company may also bear responsibility if it ignored earlier safety complaints.

Evidence That May Support a Claim

Evidence can disappear soon after a charter boat accident. The vessel may be repaired, equipment may be replaced, and electronic information may be overwritten. Helpful evidence may include:

• Photographs or videos of the vessel and hazard
• Witness names and contact information
• Vessel, captain, and crew details
• Booking confirmations and charter agreements
• Medical records and injury photographs
• Official accident or incident reports
• Maintenance and inspection records
• Navigation, GPS, radar, or weather data
• Communications with the charter company or insurer

Passengers should seek medical attention and report the incident promptly. Certain marine casualties and boating accidents must also be formally reported when they involve serious injury, death, disappearance, significant damage, or other qualifying circumstances.

Compensation After a Charter Boat Injury

An injured passenger may be able to seek compensation for medical expenses, lost income, reduced earning ability, pain and suffering, disability, scarring, and future treatment.

The compensation available depends on the applicable law, insurance coverage, evidence, and circumstances. Maritime claims may also involve contractual terms or filing deadlines, making prompt legal review important.

Liability Waivers on Charter Boats

 Many charter boat operators require passengers to sign documents waiving their right to recover for damages if they are injured on the trip. ELiable operators will often use these documents to try and scare injured persons away from bringing claims. However, enforceability of these documents is governed under a complex mixture of federal admiralty law and state law and will often require analysis by an experienced maritime attorney. 

Morgan & Morgan May Be Able to Help

A charter boat injury can leave passengers facing medical treatment, missed work, and uncertainty about who is responsible. These claims can become complicated when the captain, vessel owner, and charter company are different people or businesses.

Morgan & Morgan’s maritime accident attorneys can investigate the accident, preserve evidence, identify potentially responsible parties, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With The Fee Is Free™ promise, you pay nothing unless we win your case.