Charter Boat Injuries and Accidents

Charter boat injuries and accidents happen regularly and are often the result of negligence on the part of the captain, the crew, or the vessel owner. If you have been injured in a charter boat trip, you have legal rights under federal maritime laws to sue for compensation for medical treatment and other damages.

About Charter Boats

Charter boats are boats that passengers rent with or without a crew. They are fun for recreation and useful for other purposes.

Reasons for chartering a boat may include recreational trips for scuba diving, snorkeling, fishing, or other tourist activities, but may also include work trips like academic research or surveying.

How Are Charter Boats Regulated? 

The charter boat industry is regulated, and there are rules set by the U.S. Coast Guard (USCG) that must be followed. The USCG regulates charter vessels according to size and number of passengers:

• Small passenger vessels (weighing less than 100 gross tons) and uninspected passenger vessels (weighing between 100 and 300 gross tons) must follow specific rules but do not need to be inspected by the USCG.
• Charter boats over 300 gross tons are subject to inspection. If any of these rules or regulations are ignored or mishandled, the responsible party could be considered negligible in the case of an accident.

Types of Charter Boats

In addition to size, the number of passengers, and the purpose of chartering, two main types of charter boats affect liability in accidents. 

• Bare Boat. A bare boat is a charter boat that passengers may rent without the charter service providing a crew. The passengers renting it become the crew and are responsible for the vessel’s operation. If an accident occurs on a bareboat, those operating the vessel may be entirely or partially liable.
• Full-Service Boat. A full-service charter boat is rented with a crew provided. In this case, the owner, captain, and crew are responsible for ensuring the boat is seaworthy and operated correctly.

Examples of Charter Boat Accidents

Unfortunately, several charter boat accidents over the years and all over the U.S. have led to injuries and even fatalities. While some may be non-preventable accidents, negligence can usually be pinpointed as a cause of the incident.

Misconduct, operator error, poor crew training, and lack of adequate equipment are common negligent causes of accidents and injuries. Examples include the following:

• In 2013, passengers aboard a recreational vessel were injured, and the captain was killed when they collided with another boat on the Mississippi River in Louisiana. Crashes like these can be tragic and may be caused by inadequate lighting, poor crew training, misconduct by the crew or captain, or poor navigation.

• A charter boat in Mexico sank in the Sea of Cortez in 2011, resulting in eight lost lives. A storm took the boat down, but investigations showed that the crew and captain were negligent. The vessel had been modified, so it was no longer stable enough to withstand a storm. The captain and crew also failed to give safety instructions to passengers, including the call to abandon the ship, which could have saved lives.

• In 2004, a charter taxi called the Lady D rolled over and capsized during a storm off the coast of Maryland. Five passengers were killed, four had severe injuries, and several had minor injuries. Investigations found that the vessel had loaded more passengers than is allowed under USCG regulations. This resulted in the boat becoming unstable in the waves.

Common Charter Boat Injuries

Unfortunately, charter boat accidents are not uncommon. While too many result in fatalities, many more cause injuries to passengers and crew members. Proper safety precautions could prevent many of these incidents.

Still, too often, the vessel’s captain, crew, or owner fails to do their duties to protect passengers and is found negligent. Among the many accidents that cause injuries in charter boat accidents, some are most common:

• Rough seas and weather. Crew and captains are supposed to be adequately trained to navigate rough waters, and vessel owners are responsible for making sure vessels are seaworthy. When they do not, rough waters can cause overboard accidents, capsizing, sinking, hypothermia, drowning, and injuries from shifting cargo and equipment.

• Slips, trips, and falls. When equipment is not safely secured aboard a boat, passengers may trip and fall and be injured. Decks not kept clean and dry can also lead to similar slips and falls, causing head injuries, broken bones, and cuts and scrapes.

• Intoxicated crew members. It may be tempting for the crew to join the party with passengers, but doing so can lead to accidents, like collisions, poor navigation, capsizing, physical assault, and other incidents that cause injuries.

• Food-borne illnesses. Charter boats providing food for passengers are responsible for ensuring the food is safe. Spoiled food can cause food poisoning and other illnesses.

Legal Consequences in Charter Boat Accidents

Charter boat owners, captains, and crew members all have some level of responsibility for keeping passengers safe. The captain and the crew are responsible for operating the vessel safely, navigating correctly, giving passengers safety information, and ensuring the vessel is not overloaded.

The owner is supposed to ensure that the vessel is seaworthy, that staff is experienced enough to crew the vessel, and that the boat is equipped with everything necessary to make it safe.

Federal maritime laws are in place to protect you on the seas, and you are entitled to adequate compensation when those responsible have not kept you safe.

When these responsibilities are unmet, and a charter boat incident leads to injuries and fatalities, the owner, crew, or captain can be liable. If you have been injured in such an incident, let an experienced lawyer help you get the compensation you may be entitled to receive for any medical expenses and other costs you incur because of the accident.