Miami is a top vacation destination, drawing thousands of tourists to its beaches yearly. For many, renting a jet ski or boat is the perfect way to add a little adventure to their trip. But not everyone is prepared for the dangers and responsibilities that come with it. Too often, boat rental companies fail to train their renters, leading to serious and catastrophic boating accidents.
Whether you’re a first-time boater or a seasoned enthusiast, a boating accident can be devastating. If you’ve been injured in a rental boat accident, Miami boat accident lawyer Prosper Shaked will help you explore your legal options and fight the insurance companies to get the compensation you need to put your life back together again.
Can Boat Renters File a Lawsuit Against the Rental Company for Injuries?
Boat accidents are common in Miami. As of recent reports, there are over 74,000 registered recreational boats in Miami-Dade County, the highest number of any county in Florida. The state of Florida itself has surpassed one million registered recreational boats, showing just how popular boating activities truly are in the Sunshine State
If you decide to rent a boat and get into an accident, are you liable, or is the rental company liable? The answer varies depending on your specific situation.
Where Renters May Sue:
- Negligent Maintenance: If the rental company fails to maintain the boat and a mechanical failure causes an accident, the renter may be able to sue for injuries caused by the company’s negligence.
- Improper Training: When you rent a boat, the rental company will often ask you if you have experience, and they may walk you through the boat’s controls and main functions. However, this often isn’t enough training to really teach you how to operate a boat. There is no substitute for experience and good training, but boat rental companies may still let you pilot a boat without giving you the tools you need to drive safely. If it can be shown that the company was negligent in ensuring that the renter had adequate skills, the renter might have a case.
- Reckless Rental Practices: If the company rents to individuals who are visibly unqualified or intoxicated, they could be held liable for the renter’s injuries or those caused by the renter to others.
- Unenforceable Waivers: Many rental agreements contain waivers, but not all are enforceable. For example, waivers may not cover negligence or gross misconduct on the part of the rental company, allowing the injured party to seek compensation.
It’s important to speak with a Miami boat accident lawyer to review the specific facts of your case to determine if you have cause to file a lawsuit against the boat rental company.
Florida Boating Laws and Regulations
In Florida, specific boating laws and regulations are designed to promote safety on the water. Here are some key laws that boat renters and operators need to be aware of, particularly in Miami:
- Required Safety Equipment: Every boat must carry certain safety equipment, including life jackets, fire extinguishers, and signaling devices. Failing to provide adequate safety gear can expose the rental company to liability if an accident occurs.
- Age Limits for Operators: Florida law requires that anyone born on or after January 1, 1988, complete a boating safety course and obtain a Boating Safety Education ID Card before operating a vessel. If a rental company allows an underage or unqualified person to operate a boat without the proper certification, they may be violating this law.
- Alcohol Restrictions: Florida has strict regulations regarding alcohol consumption while operating a boat. The legal blood alcohol limit is 0.08% for boat operators, similar to driving a car. If a rental company permits a person to operate a boat while under the influence, they could be held liable for any resulting accidents.
- Local Miami Ordinances: In addition to state laws, Miami has specific ordinances that boaters should follow. For example, certain areas may have speed limits or restrictions on watercraft usage. Failure to inform renters about these local laws can have serious consequences, especially if an accident occurs in restricted areas.
Can I Sue If I Signed a Waiver?
Many boat rental companies try to avoid responsibility by using rental agreements and waivers that avoid holding them liable for the injuries you may suffer in common jet ski accidents, boat accidents, water sports accidents, and more.
While these waivers are meant to protect the rental company from liability, they’re often poorly written and not always legally binding. There are loopholes in some waivers that may still allow you to sue the jet ski company or boat rental company if you are injured.
First, many rental waivers ask the renter to sign statements agreeing that they understand boating laws and have the skill and experience to pilot a boat. It may be dangerous for a boat rental company to rent you a boat if they see obvious signs that you cannot pilot the boat.
Additionally, many waivers might not account for mechanical problems or similar safety hazards. The waiver may say that you take responsibility for injuries you cause. However, if the injuries were caused by bad maintenance or serious mechanical failure, it may still be the boat rental company’s fault.
It’s important to have a lawyer look at your case to see if the waiver you signed is valid. They can also find out if the rental company was careless or didn’t follow safety rules. Many waivers have gaps or may not cover every situation, so getting legal advice is important to know your rights and what you can do next.
Can Victims of Boat Accidents Sue the Rental Company?
What happens if a boat renter causes your injury? Perhaps you were in a wakeboarding accident or tubing accident, or maybe a boat renter crashed their boat into yours. No matter how the accident occurred, if a novice boat renter causes you harm, you can file a lawsuit against the boat pilot and sometimes the boat rental company itself.
The pilot of a boat is responsible for its function, and any accidents caused by their reckless driving or inexperience are usually their own fault. However, the contract between the boat renter and the rental company has many important details that may impact your ability to sue as a third party.
Some rental agreements and waivers have clauses where the renter agrees to “indemnify” the rental company. These “indemnity clauses” are agreements that the renter will take responsibility for any issues the boat rental company faces – and sometimes pay for them. These clauses often use language that the renter will “hold harmless” the boat rental company. As a third-party victim, this may limit your ability to sue the boat rental company.
However, if there is insurance on the boat rental or the rental company covers damages to third parties, you may still be able to recover. Additionally, you may be able to sue if the boat rental company was especially reckless. There is always a risk when you let someone behind the controls of a vehicle you own. If the boat rental company was negligent in allowing the renter to take the boat out in the first place, you may still be able to sue. This could occur in cases where the renter has a clear lack of skill or experience that makes it too dangerous to let them pilot the boat or if the rental company rented a boat to a drunk or drugged renter.
Please note, however, that the rules for boat accident injury recovery and cruise ship accident injury recovery are different. Speak to Prosper Shaked today to discuss liability and the average settlement for a cruise ship injury in Miami, FL.
Contact Our Miami Boating Accident Lawyer Today
Miami personal injury attorney Prosper Shaked represents victims of boat accidents against those responsible for the crash. We know how to investigate boat accidents and identify all liable parties – including boat rental companies.
For a free consultation on your case and for help understanding who you may be able to sue in your case, contact Prosper Shaked Accident Injury Attorneys PA today. Our number is (305) 694-2676. You can also fill out our confidential contact form.