When Must a Boat Operator Maintain a “Proper Lookout” in Florida?
Though boating is a relaxing pastime, operators cannot get so relaxed that they fail to maintain a sufficient lookout, as doing so could endanger passengers and other boaters.
Boat owners must maintain a proper lookout at all times, which means constantly paying attention to their surroundings, the weather, and other vessels in the water. This is part of a boat operator’s duty of care. Failure to maintain a proper lookout was the top cause of boat accidents in Florida in 2023, often because of operator inattention, inexperience, or intoxication. Because not maintaining a proper lookout is a breach of duty, boat operators are liable for any damages caused by their negligence. This includes all losses from medical expenses, missed wages, and emotional distress.
Call Rivkind Margulies & Rivkind, P.A. at (305) 204-5369 for a free case assessment from our Florida boat accident lawyers.
Do Florida Boat Operators Need to Maintain a Proper Lookout at All Times?
Boat operators must always maintain a proper lookout when operating a vessel in Florida. Failure to do so could lead to catastrophic accidents and potentially fatal injuries for victims.
According to Fla. Stat. § 327.33(2), boaters must operate their vessels reasonably, pay attention to other boats or swimmers in the water, and observe speed restrictions. This includes maintaining a proper lookout, which means boat operators must always pay attention to their surroundings when operating their vessels. They must observe water and weather conditions, noting any changes that could endanger passengers. Boat operators must constantly look for possible hazards in the water, like debris, that could damage the boat and cause it to capsize.
In addition to scanning for any visual indications of danger, boat operators must maintain constant auditory awareness, listening for sounds from other vessels that could indicate an emergency or noises from the engine that require attention. For larger boats, operators might need assistance from the crew to maintain a proper lookout at all times and should delegate responsibilities appropriately.
Maintaining a proper lookout is vital to avoid accidents and injuries to passengers. Failing to do so would breach the boat operator’s duty of care, making them responsible for any damages or injuries caused by their negligence.
According to the Florida Fish and Wildlife Conservation Commission (FFWCC), operator inattention or failure to have a proper lookout was the top reason for boating accidents in 2023, causing 213 accidents in Florida that year.
Why Don’t Some Boat Operators Maintain a Proper Lookout in Florida?
Boat operators have a duty to maintain a proper lookout, as doing so can alert them to potential hazards and enable them to avoid accidents. Though maintaining awareness is essential to safe boating, operators might breach that duty of care through various acts of negligence.
Operator Inexperience
According to § 327.395, all boaters born on or after January 1, 1988, must get boating safety education identification cards to operate most vessels. To get a card, boaters must complete a boater safety course and pass an exam. This ID card is valid for life and doesn’t need to be renewed. After taking a boater safety course, operators might not stay updated with safe boating practices and could become lax regarding various duties, like always maintaining a proper lookout.
Other people do not have the proper experience or boater education to operate a vessel and do so without the necessary qualifications. When this happens, operators might fail to maintain a proper lookout because they do not know how to do so, potentially causing an accident. In these situations, the boat owner might share liability for victims’ damages if they let the inexperienced party operate their vessel.
Operator Intoxication
Boating is a recreational pastime, sometimes accompanied by alcohol. Operating boats under the influence of drugs or alcohol is not only illegal but also highly dangerous. Boat owners may fail to maintain a proper lookout if intoxicated because they forget or get distracted. Furthermore, they may be unable to respond to hazards in the water or other vessels even if they see them because of their intoxication. According to the FFWCC, alcohol or drug use was a primary cause of 23% of boating accident fatalities in Florida in 2023. When under the influence, boaters might experience reduced vision or reaction times, further affecting their ability to maintain a proper lookout.
Are Boat Operators Liable for Injuries Caused by Failure to Maintain a Proper Lookout in Florida?
The short answer to whether or not operators are liable for injuries due to not maintaining a lookout is yes. Since maintaining a proper lookout is part of a boat operator’s duty of care, if their breach causes an accident, they would be liable for any resulting damages.
The hurdle is proving that the operator’s failure to maintain a proper lookout directly caused your injuries. To do this, our Miami boat accident lawyers will need evidence, starting with witness statements. We can interview other passengers on the boat at the time of the accident and record their statements. Eyewitnesses might confirm that the operator was distracted or intoxicated and that they were not paying attention to their surroundings during the accident.
Boats often have security systems onboard, even simple ones, to deter theft or trespassing, and our attorneys can quickly confirm if such systems exist in your case. If so, we can subpoena the footage from the boat owner to ensure it does not get deleted.
In addition to proving liability, we must also show you the damages you incurred from the accident. We will organize all medical bills throughout your treatment and estimate your lost wages based on tax returns, recent pay stubs, and employment records. We will also quantify your non-economic damages so you recover compensation for pain and suffering.
Call Our Attorneys About Your Boat Accident in Florida
Call (305) 204-5369 to get a free case review from the Clearwater, FL boat accident lawyers at Rivkind Margulies & Rivkind, P.A. today.
