Guide to New York Boating Accidents and Liability

Here’s what you should know about New York boating before you head out on the lake, river or ocean

The U.S. Coast Guard reported more than 600 New York state boating accidents in 2020. This includes 31 fatalities, 269 injuries and more than $3 million in property damage. 

While New York state is home to thousands of bodies of water—large and small—several major lakes include Lake Ontario, Lake Erie, Lake Champlain, and the eleven Finger Lakes. There are more than 3,000 lakes in the Adirondack Park in the northern part of the state. There’s also the Hudson River that runs from Albany to New York City near the state’s eastern border and the Atlantic Ocean shore of the Long Island Sound, which includes Port Jefferson, Huntington and Montauk harbors. The Hamptons beaches and various other Long Island waterfront locations are popular among both locals and visitors in the summer months. 

And while New York boating is key for some industries and transportation companies, and is a popular recreation activity, no boating excursion is ever without risk of injury. If you’re heading out on the water—whether for work or play—it’s important to be aware of common boating injuries, standard safety rules and recommendations, and who could be liable if you do get injured.

Common types of boating injuries

Common boating accidents vary depending on the type of watercraft involved, environmental conditions, and human behavior. Here are some of the most common types of New York boating accidents:

Liability for a New York boating accident

If you were injured in a boating accident, you’re probably wondering who was at fault. Knowing this can help inform whether you’re entitled to damages (costs) to cover your injuries, lost wages, and other related expenses. 

In New York State, liability for boating accidents typically follows similar principles as liability for other types of accidents. 

Here are some key points regarding liability and boating accidents in NYS:

Negligence. Just like in other personal injury cases, liability in boating accidents often hinges on the concept of negligence. This means that if a boater fails to exercise reasonable care and causes an accident, they may be held liable for any resulting injuries or damages.

Boater responsibilities. Boaters in New York State are required to follow various laws and regulations to ensure safety on the water. This includes obeying speed limits, maintaining a proper lookout, avoiding reckless behavior, and having the necessary safety equipment on board.

Alcohol and boating. Operating a boat under the influence of alcohol or drugs is illegal in New York State, similar to driving a car while impaired. If a boater causes an accident while intoxicated, they may face criminal charges and civil liability for any injuries or damages caused.

Liability insurance. Unlike car owners who must have auto insurance, boaters in NYS are not required to carry liability insurance for their boats. However, liability insurance is highly recommended to protect against potential legal claims in an accident.

Boating accident lawsuits. In the event of a boating accident, injured parties may pursue legal recourse through a personal injury lawsuit. This can include seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.

Who could be liable for a New York boating accident?

Boat operator liability

In many cases, the boat operator might be liable for a boating accident if their negligence or reckless behavior contributed to the incident. This can include speeding, operating the boat under the influence of alcohol or drugs, failing to maintain a proper lookout, or violating navigational rules.

Boat owner liability

The boat's owner might also be liable for a boating accident, especially if they entrusted the boat to an inexperienced or reckless operator, failed to ensure it was in proper working condition, or knowingly allowed unsafe conditions on board.

Other parties could share liability for a boating accident depending on the circumstances. For example, manufacturers or sellers of defective boat parts or equipment could be held responsible if their products contributed to the accident. Additionally, entities responsible for maintaining waterways, such as government agencies or private entities, might be liable if hazardous conditions (such as submerged obstacles or inadequate markers) led to the accident.

New York boating laws and regulations

These are some of the laws and regulations that are intended to allow for a safe boating experience for boaters, passengers, and the environment:

NYS boater education: New York requires boater education for operators of motorized vessels born on or after May 1, 1996. Boaters can fulfill this requirement by completing a boating safety course approved by the New York State Office of Parks, Recreation and Historic Preservation (NYS Parks).

Boat operator age restrictions: The minimum age to operate a personal watercraft (PWC) or motorboat with more than 10 horsepower in NYS is 14. However, individuals under 14 can operate a motorboat if supervised by someone at least 18 years old who is onboard and can take immediate control of the vessel.

Alcohol and drug use while boating: It is illegal to operate a boat under the influence of alcohol or drugs in New York State. The blood alcohol content (BAC) limit for boaters is the same as for drivers of motor vehicles, typically 0.08%.

Life jacket requirements: Boaters must have U.S. Coast Guard-approved life jackets (personal flotation devices) on board for each person, and children under 12 must wear a life jacket while on deck unless in an enclosed cabin.

Navigation rules: Boaters must follow navigational rules, including maintaining a proper lookout, obeying speed limits, yielding to other vessels in certain situations, and using navigation lights at night or during limited visibility.

Boat registration: Most motorized boats must be registered with the New York State Department of Motor Vehicles (DMV) and display registration numbers and stickers. Non-motorized vessels, such as canoes and kayaks, may also need to be registered if used on NYS waters.

Environmental protection regulations: Boaters must adhere to environmental regulations, such as properly disposing of trash and wastewater, avoiding the spread of aquatic invasive species, and following no-wake zones in sensitive areas.

Boating accidents: Boaters involved in accidents resulting in injury, death, or significant property damage must report the incident to the appropriate authorities, such as the NYS Parks or local law enforcement.

Jurisdiction for a New York state boating accident

“Jurisdiction” is the court where a plaintiff may file a lawsuit. Normally, jurisdiction for a personal injury lawsuit is in the state where the injury occurred. However, when the injury is in the water—that might have more than one state border or could be off the ocean shore—jurisdiction could be more complicated. State, federal, and maritime laws will govern where the case will be handled.

Here are some key considerations for determining jurisdiction:

1. Location of the accident.
   
   If the accident happened on waters under the jurisdiction of New York State, such as inland lakes, rivers, or coastal areas within state boundaries, New York authorities would generally have jurisdiction.
2. Type of waterway.
   
   Boating accidents on inland lakes, rivers, and streams are subject to state jurisdiction and are typically managed by state agencies such as the New York State Office of Parks, Recreation and Historic Preservation (NYS Parks).
   
   Boating accidents in coastal areas, including those on the Atlantic Ocean or Long Island Sound, may involve state and federal jurisdiction in certain cases, especially if the accident occurred in navigable waters under federal control.
   
   Boating accidents in waters shared with Canada (e.g., Lake Ontario, Lake Erie, St. Lawrence River) may involve international maritime laws and coordination between U.S. and Canadian authorities.
   
3. Federal laws.
   
   Some boating accidents might fall under federal jurisdiction based on specific circumstances, such as accidents involving vessels engaged in interstate commerce, accidents in federal navigable waters, or incidents related to federal maritime regulations.
   
4. Enforcement agencies.
   
   The enforcement agency with jurisdiction over a boating accident in New York State may vary. State agencies such as NYS Parks, the New York State Police, or local law enforcement (county or municipal) may handle investigations and enforcement based on the location and nature of the accident.
   
5. Interstate accidents.
   
   The enforcement agency with jurisdiction over a boating accident in New York State may vary. State agencies such as NYS Parks, the New York State Police, or local law enforcement (county or municipal) may handle investigations and enforcement based on the location and nature of the accident.

If you’ve been involved in a New York State boating accident and believe you might wish to file a lawsuit, contact an experienced New York personal injury lawyer for guidance.