Can I Sue If I Was Injured on a Friend's Boat?

Yes, if your injuries were caused by the boat owner's negligence, you may have a claim under maritime law against the boat owner and the vessel's insurance policy.  For example, if the person operating the boat hits a large wake without warning passengers and a passenger is thrown from their seat and injured, that passenger may have a negligence claim under maritime law.  A boat owner has a legal duty to operate the vessel safely, and if they didn't and you got hurt, you likely have a real claim.  That said, boating injuries fall under maritime law — and maritime law is its own world with its own rules, deadlines and traps for the unwary.  There's a reason maritime law has maritime lawyers!

Your Friend Has Insurance.  You're Going After That — Not Him or Her!

This is the part that trips most people up.  Making a claim against your friend's boat doesn't mean you're going after his bank account or his house.  You're going after his boat insurance policy.  That coverage exists for exactly this reason.  Your friend paid for it so that if something goes wrong on his boat, people get taken care of.  It's like a car accident – if your friend's car caused a crash, you'd make a claim against his auto insurance.  A boat is no different.  You're not trying to take something from him.  You're just letting his insurance do what it was designed to do.

The Boat Owner Has Real Responsibilities

Under maritime law, a boat owner has a duty to operate safely.  That means driving at a reasonable speed, keeping a proper lookout, warning passengers before hitting rough water and making sure the boat is in decent shape.  There are no seatbelts on boats, which makes it even more important that whoever's behind the wheel is paying attention.  If your friend was driving recklessly, hit a wake too hard without warning, had equipment that wasn't working right, or just wasn't paying attention (and you got hurt because of it) that matters.  That's not just bad luck.  That's like running a red light or turning into an oncoming car.

These Injuries Are Serious

Boating accidents cause real, life-changing injuries. Traumatic brain injuries.  Broken bones.  Disc herniations.  Dental trauma.  Bad lacerations.  The medical bills that come with those injuries are real too.  Under maritime law, things like past and future medical expenses, lost wages and pain and suffering are things you can recover in a claim.  You shouldn't have to carry those costs just because it happened on a friend's boat instead of in a car.  And ask yourself: what happens five, ten or fifteen years from now if the injury leads to chronic pain, arthritis, future surgeries or lost earning capacity?

Don't Wait and Don't Go It Alone

Maritime claims have hard deadlines.  Miss them and your claim is gone — not delayed, gone.  On top of that, marine insurers are experienced at protecting their bottom line, not yours.  In some cases, a marine insurer or vessel owner may even file a federal maritime action that shortens the time you have to assert your claim. If you miss that deadline, your claim may be lost forever.  Point is, marine insurers will have people working against your claim from day one who are not on your side, no matter how friendly they seem.

This is exactly why you need a maritime lawyer in your corner early.  Not a general practice attorney or a billboard injury lawyer who handles the occasional boat case.  A maritime lawyer — someone who knows this specific law, knows these insurers and knows how to fight them.

And here's something worth knowing: calling a maritime lawyer doesn't mean you're filing a lawsuit.  What you say in that call is protected.  You can talk through your situation, understand your rights and then decide what you want to do.  No pressure, no obligation.  But at least you'll know where you stand.

The Bottom Line

If your injuries were caused by someone else's negligence, you may have substantial rights under maritime law.  You may have rights under the maritime law, and those rights are probably stronger than you think — and almost certainly stronger than anyone working for the boat's insurer is going to tell you.  Don't sit on this.  Don't give the marine insurer a recorded statement before speaking with a maritime lawyer.  Talk to a maritime lawyer to understand your rights and the potential value of your claim.

Every boating accident is different. Understanding your rights early can make a significant difference in the outcome of your claim.

Fulweiler llc

East Coast Maritime Injury Lawyers

1-800-383-MAYDAY (6293)