Boating accidents or accidents that happen on New York waters present legal questions that car accident cases do not. The applicable law may be state or federal depending on where the accident occurred. The responsible parties may include the boat operator, the boat owner, a charter company, or even a government entity responsible for waterway maintenance. The insurance framework is different from auto insurance. And if the injured person was a crew member working on the vessel, an entirely separate body of law — federal maritime law — may apply.
Understanding which legal framework applies is the first step in evaluating a boating accident claim in New York.
Where the accident happened determines the law
Boating accidents on navigable waters of the United States — which includes the Hudson River, the East River, Long Island Sound, and the waters surrounding New York City — may fall under federal admiralty and maritime jurisdiction. Accidents on non-navigable inland lakes, ponds, and waterways typically fall under New York State law.
The distinction matters because federal maritime law has its own rules regarding negligence, comparative fault, damages, and statutes of limitations. In some cases, maritime law provides more favorable remedies than state law. In others, it imposes different procedural requirements. An attorney handling a boating accident must determine which body of law applies before evaluating the claim.
Recreational boating accidents
Most boating accidents in the New York metropolitan area involve recreational vessels — powerboats, sailboats, jet skis, and kayaks. The boat operator has a duty to operate the vessel safely, maintain a proper lookout, follow navigation rules, and avoid creating a wake that endangers other vessels or swimmers. Alcohol-related boating is governed by New York Navigation Law, which sets a blood alcohol limit of 0.08% for boat operators.
Common causes of recreational boating accidents include operator inexperience, excessive speed, failure to maintain a lookout, alcohol impairment, equipment failure, and hazardous water conditions. When the operator’s negligence causes a collision, capsizing, or ejection that injures a passenger, the passenger has a personal injury claim against the operator.
If the boat is owned by someone other than the operator, the owner may also be liable. New York Navigation Law Section 72-a imposes vicarious liability on boat owners for injuries caused by anyone operating the vessel with the owner’s permission, similar to the vehicle owner liability rule for cars under Vehicle and Traffic Law Section 388.
Commercial vessels, ferries, and charter boats
Passengers injured on commercial vessels, ferries, and charter boats may have claims against the vessel owner and operator under either state negligence law or federal maritime law depending on the circumstances. Commercial operators, like bus companies, are held to a heightened duty of care as common carriers. Ferry operators in New York City — including NYC Ferry and the Staten Island Ferry — are operated by or contracted through government entities, which means the 90-day notice of claim requirement may apply.
Charter boat operations on Long Island and in the Hudson Valley are typically private commercial enterprises. The operator owes passengers a duty of reasonable care, and the charter company is liable for the operator’s negligence. If the accident was caused by a defect in the vessel or its equipment, the manufacturer may also be liable under a products liability theory.
Workers injured on boats
If you were working on a vessel when you were injured, your claim may fall under federal maritime law rather than New York workers’ compensation. The Jones Act provides seamen with the right to sue their employer for negligence — a right that workers’ compensation’s exclusive remedy doctrine does not provide for land-based workers. The Jones Act applies to workers who spend a significant portion of their time on vessels in navigation.
Additionally, the doctrine of unseaworthiness allows injured maritime workers to recover damages if the vessel or its equipment was not reasonably fit for its intended purpose. Maintenance and cure — the maritime equivalent of workers’ compensation medical benefits — requires the vessel owner to pay for medical treatment and living expenses during recovery, regardless of fault.
Many construction trades people can find themselves on job sites that are actually over water. For example an electrician or laborer from Long Island could be working on the wind-farm projects out in the Atlantic. When this occurs, it is possible that the Jones Act applies.
The intersection of federal maritime law and New York state law is complex, and the wrong characterization of the claim can result in the wrong remedy. A worker injured on a vessel who files a state workers’ compensation claim instead of a Jones Act claim may be leaving substantial compensation on the table.
Statute of limitations for boating accidents
The statute of limitations depends on the applicable law. For personal injury claims under New York state law, the deadline is three years. For claims under federal maritime law, the deadline is also three years. For claims against government entities (including ferry operators), the 90-day notice of claim applies. For Jones Act claims, the statute of limitations is three years from the date of the injury.
Identify the applicable deadline early. The legal framework that applies to your boating accident determines not only the deadline but also the type of damages available and the standard of liability.
How Schwartzapfel Holbrook handles boating accident cases
At Schwartzapfel Holbrook, we evaluate every boating accident to determine whether state law, federal maritime law, or both apply. That determination drives the entire case — the parties to sue, the duty of care standard, the damages available, and the filing deadline. We handle claims for passengers, operators, pedestrians on docks and piers, and workers injured on commercial vessels or while working on the water..
Boating accident law is not the same as car accident law. The legal framework is different and the consequences of applying the wrong one are significant. Getting the analysis right at the outset is where the case begins.
Schwartzapfel Holbrook / Fighting For You