Recreational Boating and Marinas

Recreational boating accidents and injuries resulting from the operation of personal watercraft on navigable waters satisfy the requirements for admiralty tort jurisdiction. In these situations, courts have applied tort rules of the general maritime law, recognizing a right of recovery for injuries and death caused by negligence. Negligence under the general maritime law is no different than under land-based law except that the rule of proportionate fault applies. Contributory negligence and assumption of risk are not complete defenses. In addition, other maritime rules (e.g., those that relate to limitation of liability, maritime liens, salvage) may be applicable.

In addition to any specific contractual provisions, it is implied by law that a wharfinger (read, also boatyards and marina operators) will exercise reasonable diligence to provide a safe berth and to warn a person lawfully using its facilities of any unexpected hazard of deficiency of which it may have knowledge, including underwater obstructions at the berth or in its approaches of which it may have knowledge, or should have knowledge in the ordinary course of diligence. A wharfinger’s obligation is not “to guarantee the safety of vessels coming to his wharves”, but “to exercise reasonable diligence in ascertaining the condition of the berths thereat, and if there is any dangerous obstruction to remove it, or to give due notice of its existence to vessels about to use the berths.” The duty applies only to hidden hazards or deficiencies not reasonably known to the vessel operator.

Excerpts from Admiralty and Maritime Law by Professor Robert Force (Federal Judicial Center 2004).