Understanding Maritime Law and Boating Accidents
Understanding Maritime Law and Boating Accidents
A day on the water is supposed to be about having fun and relaxing. But when a boating accident turns your life upside down, you may deal with physical pain and uncertainty about what to do next. At Chelli & Bush, Attorneys at Law, our team has more than five decades of experience helping injury victims in New York and New Jersey. Our Staten Island boating accident lawyers can help you understand maritime law and pursue the compensation you need to protect your health and financial future.
Quick Facts
- Also called admiralty law, federal, state, and local maritime laws may apply to accidents that happen on navigable waters, such as rivers, lakes, and coastal areas surrounding NY.
- The Jones Act is a federal law that enables injured maritime workers to file a claim against a negligent employer.
- Boat accident liability may apply to parties like the vessel’s operator, owner, parts manufacturer, or a government entity.
- Our experienced personal injury lawyers have recovered more than $500 million for injury victims in Staten Island, Brooklyn and the greater New York City area.
What Is Maritime Law?
Maritime law includes federal, state, and local statutes. It applies to safety standards, boating accidents, injuries, and disputes that happen on the water. It's very different from personal injury laws related to car accidents and other mishaps that occur on land. If you or a loved one has been hurt, it’s vital to have a boating accident attorney who understands how maritime law may impact your claim.
Boating Laws and Safety Standards in NY
Boating laws in New York are jointly enforced by state, county, and federal agencies. Depending on the waterway, this includes the New York State Parks Police, the Department of Environmental Conservation, local sheriff's marine units, and the U.S. Coast Guard in federal and joint jurisdictional waters such as the Atlantic coast.
New York law requires operators to report any accident involving injury, death, or significant property damage to local marine police or the Coast Guard right away. These reports are also essential evidence in any boating accident claim.
In New York, anyone operating a motorized watercraft must also carry a valid Boating Safety Certificate on board. Failing to meet this requirement can play an important role in establishing negligence after an accident.
How the Jones Act Protects Maritime Workers
The Jones Act is a federal law that allows injured maritime workers to bring a personal injury lawsuit against a negligent employer. It applies to seamen such as captains, mates, deckhands, engineers, mechanics, cooks, and stewards who work on a vessel that actively operates on navigable waters. This includes jack-up or semi-submersible drilling rigs.
Other Federal Maritime Laws That May Apply
The Longshore and Harbor Workers' Compensation Act (LHWCA) provides medical care, wage replacement benefits and vocational rehabilitation to other types of maritime employees injured on navigable waters or adjoining shore areas like docks and shipyards. If you were injured due to the negligence of a third party who is not your employer and you’re covered by the LHWCA, you may be able to file a separate personal injury claim against that party.
Understanding how state and federal law impact each other is critical to building a strong boating accident claim. Our attorneys have decades of experience handling these complex cases and can help you understand your rights and options.
Common Causes of Boating Accidents in NY
Boating accidents happen for a multitude of reasons, including:
- Operator negligence or inexperience
- Speeding or reckless behavior
- Alcohol or drug use while boating
- Poor vessel maintenance or repair
- Mechanical failure and defective parts or equipment
- Overcrowding or improper weight distribution
- Poor visibility and dangerous weather conditions
Our personal injury attorneys thoroughly investigate and gather compelling evidence to support your case. We know how to identify liable parties and pursue all possible sources of compensation to ensure your claim reflects the full scope of your injuries and losses.
Who Is Liable in a Boating Accident?
Figuring out who's responsible after a boating accident can be a complicated process, so having an experienced attorney by your side is vital. Potentially liable parties include:
- The boat operator
- The boat owner
- Manufacturers, designers, and sellers of defective parts or vessels
- Rental and charter companies
- A government entity, if a public ferry or poor waterway maintenance played a role
Your Legal Rights After a Boating Accident
Being injured on the water can leave you with piles of medical bills, missed time from work, and physical and emotional pain. Under New York law, if negligence caused your injury you have the right to pursue compensation such as:
- Current and future medical bills
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of companionship and consortium
- Property damage
In rare cases involving egregious behavior such as operating a vessel while intoxicated, injury victims may be awarded punitive damages as well. If you’ve lost someone you love in a boating accident, our team can evaluate your case and determine whether a wrongful death claim may be the right path to finding justice for your loved one and your family.
How Our Staten Island Boating Accident Attorneys Can Help
From preserving and gathering evidence to the final resolution of your claim, our personal injury lawyers handle all facets of your case so you can focus on healing. We take care of all communications and negotiations with insurers and fight for the full compensation you need and deserve. If a reasonable settlement can’t be reached, our dedicated team is always prepared to take your case to trial.
We know that this may be one of the most challenging times of your life. Our boating accident lawyers handle your case with strength, strategy, and patience and provide compassionate legal support you can trust.
Why Choose Our Staten Island Boating Accident Lawyers?
At Chelli & Bush, Attorneys at Law, we’ve spent more than 50 years standing up for injured victims in Staten Island, Brooklyn, and surrounding communities. With us, you get:
- Experience handling multifaceted cases involving maritime law, local courts, and powerful insurance companies.
- A proven record of more than $500 million recovered for our clients both outside and inside the courtroom.
- A compassionate legal team that treats you like a human being, not just a case number.
- Legal representation with no upfront cost or financial risk to you.
Find a Boating Accident Lawyer Near You
If you or a loved one has been hurt in a boating accident, Chelli & Bush, Attorneys at Law can help you understand maritime law in New York and pursue the recovery you need. To schedule a free consultation with a boating accident attorney near you in Staten Island, NY, contact us or call 718-987-8444.
Frequently Asked Questions About Boat Accident Claims in NY
How long do I have to file a personal injury claim in NY?
In most cases, you have three years from the date of the accident to file a boating accident lawsuit in New York. However, if your claim involves a government entity, you may have as little as 90 days to file a notice of claim. It’s also important to preserve evidence as soon as possible, so contact a lawyer as soon as you can.
What if the accident happened on a borrowed or rented boat?
Depending on how the accident happened, boat owners, rental companies, charter operators, and even manufacturers may be responsible for damages. A Staten Island boat accident lawyer can evaluate your case and determine who may be liable.
How much does a boating accident lawyer cost?
We take cases on a contingency fee basis, which means you pay nothing upfront and won’t pay attorney fees unless your case is successful. Fees and other legal costs are deducted from any settlement or court award you receive.










