Boat Accident Claims in NYC Waters: A Legal Overview That Protects Your Rights

In 2025, New York State passed “Briana’s Law,” which required the operator of every motorized boat to obtain a license to do so.[1]  This licensing and boating education program appears to be working, as boating related deaths in 2024 were half of what they were in 2023.[2]

But this is just one of the many things that the law does to ensure boats are operated safely throughout the state.  This article aims to educate about the different laws that regulate boating as well as the most common types of accidents that occur to each type of boat.  Finally, it will discuss the steps you and your family can take after being injured in a boating accident.

However, this article is not a substitute for experienced legal counsel.  After being injured in a boating accident, reach out to the NYC boat accident attorneys at Dansker & Aspromonte by calling us at (516) 774-3988 or by reaching out to us through our online portal, which is linked here.

Purposeful Distinctions: Recreational, Commercial, & Passenger Vessels

Before describing the legal and regulatory framework governing boats and the risks that these vessels face, it is important to note that there are multiple different kinds of boats that are governed by different laws at both the state and federal level.  These laws apply differently to the different types of boats not only due to the variance in the size of the boats but also because of the impact and dangers that are unique to each type of boat.

Jurisdictional Issues in NYC Boating Accidents

Boating is regulated at both the state and federal level—regardless of whether the boat is a commercial, passenger, or recreational vessel.  Both the federal and state law regulations of the boating industries will be explored here, including an introduction to the statute authorizing these regulations and the agency that issues and enforces them.

Federal Statutes: How Federal Regulation is Authorized

There must be what is known as an authorizing statute for the federal government to lawfully regulate any industry—including boating.  At the federal level, there are several statutes that govern boating.

Title 46: The U.S. Shipping Code

Title 46  of the United States Code is known as the shipping code.  It provides the statutory framework for the legal requirements pertaining to vessel safety, inspection, and operation.[3]  In general, Title 46 pertains to vessel safety, inspection, and operation, and it has several chapters that apply to each of the different types of vessels:

• Chapter 35 applies to boats that carry passengers[4];
• Chapter 43 applies to recreational boats and establishes safety standards and requirements for particular pieces of equipment[5]; and
• Chapter 45 pertains to uninspected commercial fishing industry vessels by outlining the specific standards for safety and operations.[6]

The Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act (“LHWCA”) is a piece of federal legislation designed to protect dock workers that was enacted in 1927.[7]  This law applies to dock workers and other types of maritime workers who are not otherwise covered under the Jones Act.  Further, employers are obliged to make these payments either by purchasing adequate insurance or to self-insure against the loss.[8]  Given its context, the LHWCA will typically apply to commercial boats and occasionally larger passenger boats.

The LHWCA applies to disabilities and deaths that happen on the waters of the United States—including piers, wharfs, docks, terminals, or any other area customarily used by an employer when loading, unloading, repairing, dismantling, or building a ship.[9]  Under the LHWCA, employers are liable to their employees, their legal representatives, spouses, parents, and dependents for the injuries.[10]

The LHCWA provides compensation to injured employees for their disabilities.  Specifically, it creates a formula for the compensation they are owed based on their average weekly wages.[11]  The LHCWA specifically compensates workers for their necessary medical care, lost wages, and any disability they receive, and their dependents receive benefits if the worker dies.[12]

The Jones Act

The Jones Act is a federal statute governing maritime commerce.  Like the LHWCA, the Jones Act provides protection for workers injured in the course of their employment, but unlike the LHWCA, The Jones Act applies to seaman, who are defined as people who spend a significant amount of their time working on a vessel in navigation, and to passengers on the vessel injured by acts of negligence or defects in the ship.[13]

Federal Regulatory Agencies

At the federal level, there are primarily two agencies responsible for regulating boating: the United States Coast Guard and the Federal Maritime Commission Agency.  The U.S. Coast Guard is responsible for enforcing maritime safety regulations, conducting vessel inspections, and overseeing licensing for both commercial and passenger vessels.  The Federal Maritime Commission Agency is an independent agency that regulates U.S. oceanborne transportation in order to ensure that international supply lines and trade routes are both safe and reliable.

State Law Regulations

Under New York law, there is one primary body of law governing boating activities within the state of New York.  Under New York’s Navigation Law, New York requires every operator of a motorized boat or personal watercraft to possess a state-approved boating safety certificate.[14]  The New York certification system requires every person who operates a JetSki or boat to get their safety certificate, and it requires that they be at least fourteen (14) years old.  This law is carried out by the New York State Office of Parks, Recreation and Historic Preservation, and for the most part, it pertains to recreational boaters.

Common Types of Boat Accidents in NYC

It may be tempting to think that boating accidents are so similar that the accidents and the methods by which they occur are the same, but the types of accidents that occur and the frequency with which they occur are different in all three contexts.  Each context will be addressed in this section.

Causes of Recreational Boating Accidents

According to the New York State Office of Parks, Recreation and Historic Preservation, the failure to use personal flotation devices (“PFDs”) is the most common cause of boating-related fatalities on New York’s waters.[15]  In total, New York had nine (9) reported fatalities in 2024—which is half the number of boating fatalities which occurred in 2023.  The New York State Office of Parks, Recreation, and Historic Preservation believes that this reduction is caused by the phase-in of the new licensing system (also referred to as “Briana’s Law”), which requires recreational boaters of every age to take a safe boating course to operate a motorized vessel.

However, the lack of PFDs is not the only cause of boating injuries.  The same report from the Parks, Recreation, and Historic Preservation Office is alcohol and drug use.  According to the office, drug and alcohol intoxication was a factor in 20% of all boating deaths in New York state from 2005 to 2024.[16]

Causes of Passenger Boating Accidents

Passenger boats—which include ferries, cruise ships, and tour boats—face different risks than commercial and recreational boats.  While they face risks of overloading or an excessive passenger count, here are the more common risks that passenger boats face:

• Poor Crowd Management: If there is an emergency then it is imperative that crowds be managed in a safe, orderly fashion, and the failure of the vessel to do so can lead to severe injuries or even death.
• Slip & Fall Accidents: These incidents are common because the decks are often wet. In fact, ordinary personal injury cases often arise on these vessels because they are typically populated by ordinary citizens.
• Mechanical Failures: These include failures of propulsion systems or steering issues.
• Collisions: Where the captain of these boats is negligent or operates the vessel in poor visibility conditions, collisions can occur.

Causes of Commercial Boating Accidents

Commercial vessels—such as cargo ships, commercial fishing boats, tugs, and barges—frequently occur under the following circumstances:

• Human Error/Operational Inattentiveness: Commercial boats and their crews work long hours under high levels of stress. Under these conditions, critical mistakes can occur.
• Equipment/Mechanical Failure: Commercial boats undergo intense mechanical stress, and the failure to maintain equipment can result in accidents.
• Adverse Weather Conditions: Storms are common causes of accidents—particularly for fishing vessels.
• Overloading/Improper Cargo Loading: The manner that a cargo ship is loaded and the amount of its cargo is a critical safety issue, for the improper or overloading of a cargo ship can result in capsizing or sinking.
• Navigational Error: Mistakes in route planning can lead to collisions or grounding in shallow waters.
• Operational Failures: Inadequate training—whether due to a poor understanding of the vessel’s systems or the safety procedures implemented on it—can cause severe injuries.

Filing a Boat Accident Claim in NYC: A Step-by-Step Guide

Filing a lawsuit of any kind is an undertaking.  The process is long, and a result cannot be ethically guaranteed.  This primer is intended to inform injured people about what that process looks like and how they can navigate it.

Step One: Getting to Safety

After your boating accident, make sure that you and your loved ones are safe.  If necessary, get medical attention from your doctor.  Make sure to report the accident to the relevant authorities—whether it is the Coast Guard or the state of New York.  Make sure to document the event and collect information from any potential witnesses.

Step Two: Seek Legal Representation From An NYC Boat Accident Lawyer

After everyone is safe, seek out an experienced NYC Boat Accident Lawyer to protect your legal rights.  That lawyer will be able to ensure that you receive the maximum compensation for your case through their understanding of the law, a thorough investigation of your case, and a steady hand in the negotiations process.

Step Three: Evidence Collection and Case Building

Step three assumes you have a lawyer, but it is the most important step in this process.  After retaining a lawyer, your lawyer should begin a thorough investigation of the case by:

• Interviewing witnesses from the scene;
• Reviewing every accident report;
• Speaking with expert witnesses about the boat accident;
• Reviewing all available digital evidence; and
• Reviewing the records of the boat’s maintenance and the employment histories of the crew and captain.

Step Four: Navigating the Insurance Process

Invariably, the insurance company will do two things in almost every case: (1) seek a statement from the injured person to make them appear less credible later, and (2) make a lowball offer early in the process.  In both cases, the injured person has a right to say no, and they absolutely should do so.

Once an attorney is hired, the injured person is very likely to receive substantially larger offers.  The insurance company is unlikely to ever offer an amount that truly compensates the victim, but that doesn’t mean the answer should be no until they do.  Sometimes, the settlement offer is high enough that the lower figure is justified by the amount of money saved on litigation fees and the certainty that comes with accepting a reasonable settlement offer.  Ultimately, the injured person’s attorney is responsible for advising the client as to whether the prospects of recovering more money after all necessary litigation expenditures are made is a better option for the client.

Step Five: Litigation

In general, litigation is a complex beast that starts with the filing of a complaint that alleges the ways in which the accident was negligently caused and harmed the family.  Once this is filed, the discovery process—which is both written and depositional—will begin.

Once discovery closes, motions for summary judgment will be filed with the court.  These motions effectively say, “The parties agree on what the facts of the case are, and as a matter of law, the plaintiff wins this case.”  The judge then rules on the motion.  If the motions are denied then the parties may proceed to trial.

Conclusion

As demonstrated in this article, boat accident litigation is a complex legal topic that hinges on the type of boat that was involved in the accident.  The reason that it hinges on the type of boat involves is because different regulations—both at the state and federal level—apply to the different boats that operate in different locations.

After the boating accident, reach out to a qualified New York Boat accident attorney as soon as your are able to do so.  The NYC boat accident attorneys at Dansker & Aspromonte are here to take your call and provide a consultation to you at no upfront cost.  Call us at (516) 774-3988 or by reaching out to us through our online portal, which is linked here.

[1]  N.Y. Nav. L § 49 (2024).  New York Parks, Recreation and Historic Preservation, “New York Safe Boating Education Program,” (accessed May 28, 2025), https://parks.ny.gov/boating/frequently-asked-questions.aspx.

[2]  [2]  New York Parks, Recreation and Historic Preservation, “2024 Recreational Boating Report,” (accessed May 28, 2025), https://www.parks.ny.gov/documents/recreation/boating/2024RecBoatingAccReport.pdf.

[3]  46 U.S.C. § 101 et seq.

[4]  46 U.S.C. § 3501 et seq.

[5]  46 U.S.C. § 4301 et seq.

[6]  46 U.S.C. § 4501 et seq.

[7]  33 U.S.C. § 901.

[8]  33 U.S.C. § 932.

[9]  33 U.S.C. § 903.

[10]  33 U.S.C. § 903.

[11]  33 U.S.C. § 908.

[12]  33 U.S.C. § 908; 33 U.S.C. § 909.

[13]  46 U.S.C. § 30102; 46 U.S.C. § 30104

[14]  N.Y. Nav. L § 49 (2024).  New York Parks, Recreation and Historic Preservation, “New York Safe Boating Education Program,” (accessed May 28, 2025), https://parks.ny.gov/boating/frequently-asked-questions.aspx.

[15]  New York Parks, Recreation and Historic Preservation, “2024 Recreational Boating Report,” (accessed May 28, 2025), https://www.parks.ny.gov/documents/recreation/boating/2024RecBoatingAccReport.pdf.

[16]  New York Parks, Recreation and Historic Preservation, “2024 Recreational Boating Report,” (accessed May 28, 2025), https://www.parks.ny.gov/documents/recreation/boating/2024RecBoatingAccReport.pdf.