By Alex Stalvey
A recent tubing accident on Star Lake in Florida claimed the life of an 8-year-old girl and injured two other children. According to Florida Fish and Wildlife officials, the children were riding on a tube being pulled by a Sea-Doo personal watercraft when the tube collided with a dock. Tragically, one child was killed, and the others were rushed to the hospital with serious injuries.
Another tragic accident hit close to home here in South Carolina. According to the South Carolina Department of Natural Resources, officers and investigators responded to a heartbreaking scene on Sunday at Lake Greenwood, where a boat carrying five people was struck from behind by another vessel.
No one wants to see or hear about accidents like this. But they do happen, and they immediately raise unfortunate, but important, questions:
· Who is responsible when a fun day on the water ends in tragedy?
· What rights do injured riders—or grieving families—have?
Recreational boating is one of the great joys of summer, especially here in the South. But in a split second, that peaceful day on the water can become traumatic. Boating, jet skiing, and tubing accidents are more common than many people realize, and the consequences are often severe or even fatal.
In 2022, the U.S. Coast Guard recorded 4,040 recreational boating accidents, 2,222 non-fatal injuries, and 636 fatalities nationwide. In 2023, SC experienced 156 boating accidents and 24 deaths, half of which were due to drowning.
You have legal rights if you or a loved one has been injured or worse due to a boating or watercraft accident. Injury victims may have the right to pursue compensation for:
· Medical bills and future treatment
· Lost wages or reduced earning capacity
· Pain and suffering
· Permanent disability or disfigurement
Accidents involving a fatality open the door for a wrongful death case, which can cover funeral expenses and loss of companionship.
But whether these rights apply to your circumstances and who is responsible depends on several legal factors.
1. Operator Negligence. The most common cause of boating and personal watercraft accidents is operator error. According to the U.S. Coast Guard, 75 percent of all boating fatalities involve operator inattention or inexperience.
Alcohol use is the leading known contributing factor in fatal accidents. The Coast Guard’s data shows alcohol was the leading known factor in fatal boating accidents, accounting for 88 deaths or 16 percent of total fatalities.
Operators can be held legally liable for injuries or death if they were speeding, driving too close to shore or docks, distracted or intoxicated, or failed to observe safety laws.
Parents or guardians may also be held responsible if they allow underage or unlicensed individuals to operate a watercraft.
2. Unsafe Equipment or Rental Negligence. In many cases, jet skis and boats are rented by tourists or occasional users. If a rental company failed to provide proper safety equipment, didn’t offer required training, or supplied a faulty or poorly maintained vessel, they may be liable under product liability or premises liability laws.
Many states will require boating safety instruction for anyone born after a specific year, and failure to enforce this by a rental provider could be grounds for a lawsuit.
3. Liability Waivers Aren’t Always Ironclad. Speaking of rental operators, just because you may have signed a waiver before renting or riding a tube, doesn’t protect them from liability in some circumstances. While these documents can make it harder to bring a claim, they are not always enforceable, especially when gross negligence was involved, children were harmed, or if the language of the waiver was unclear or overbroad.
In fact, we’ve seen instances where courts will give less weight to waivers involving minors or cases where a company failed to follow safety procedures.
4. Third-Party Liability. Sometimes, responsibility lies beyond just the boat operator. For example, a dock or marina owner may be at fault for having unmarked hazards, another boater may have contributed to the crash, or a manufacturer could be liable for defective design or equipment.
This is why it’s important to retain an experienced attorney who can conduct a thorough investigation and uncover all possible sources of compensation.
The water is meant to bring us joy, but when negligence robs a family of that joy, the law provides a path to justice and recovery. Add to that, these experiences also involve family members, compounding the difficulty of the situation.
When a boating accident happens and it’s not your fault, you would be wise to seek legal help immediately, especially if it resulted in property damage, if someone was hurt, or worse.
We are here to help in these difficult situations, ensuring you secure the best possible outcome. You can reach out to us HERE.
