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Charter boats, or boats for hire, are always popular, but even more so this time of year for tourists, fishing enthusiasts, environmentalists, and sea-life sightseers. While there are many safe and reputable charter boats that care about their passengers, those looking for charters are encouraged to do their homework. There are risks of which many may not be aware when undertaking a charter.

The risks may vary depending on the type of charter boat. Following are two different charter types available; crewed charters and bareboat charters. 

Crewed charters are those charters where the vessel’s owner provides a captain and a mate or cook who have the responsibility for the operation of the vessel. These charters can be chartered for specific time periods or a particular voyage and often includes all the provisions and supplies. 

A bareboat charter is a charter where there is no crew and the person chartering the vessel has the responsibility for the boat’s operations. The charterer takes on the legal and operational obligations of the boat. These charters may, or may not, include food and beverages. 

The main difference between a crewed and a bareboat charter is that the bareboat charter has the effect of shifting the possession, control and liability for injuries to third parties – from the owner to the charterer. 

What are the dangers of chartering a boat? 

Passengers may be at risk of being injured, killed or even becoming victims of a crime should a boat captain and/or crew member be negligent, behave improperly, or operate an unseaworthy vessel. Some of the most common accidents, incidents and injuries that can occur on charter boats are: 

• Slip and fall accidents caused by spilled substances or wet decks
• Trip and fall accidents caused by uneven decks, misplaced objects, or raised thresholds
• Fractures and broken bones caused by sailing in bad weather
• Personal injuries such as rape or physical assaults
• Traumatic head injuries caused by improper docking, collisions and other mishandling of boat operations 

What responsibilities do charter boat operators have toward passengers? 

If you will be “carrying passengers for hire,” the U.S. Coast Guard requires you to get a captain’s license for the proper type of water, the type and size of vessel, and the number of passengers carried. If you plan to carry more than 6 passengers, your boat must pass inspection, and the crew must pass random drug testing by the Coast Guard. 

Who may be liable for injuries or damages in a charter boat agreement? 

Should a person, or persons, suffer injuries on a charter boat, the liability can depend on the type of charter and those involved which may include the vessel’s owner, captain and crew, the actual charterer, the guests and the charter broker. The circumstances can even spread the liability among several different parties. 

“Handling a boating accident case, whether a charter or non-charter vessel, is complicated and requires expertise. Please contact Spivey Law Firm, Personal Injury Attorneys, P.A. should you or a loved one be injured in a boating accident. We have the expertise needed for these cases,” said Fort Myers Boating Accidents Lawyer, Randall Spivey. 

Fort Myers Boating Accident Attorney,Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful deathcases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.