Rented boats and jet skis are part of summer along Pensacola Beach, Perdido Key and Santa Rosa Sound. Many renters climb aboard with little experience and only a short lesson at the dock. When a day on the water ends with someone seriously hurt, the person at the controls may not be the only one responsible.
Florida places specific safety duties on the business that rents the vessel. A boating accident claim may turn on whether that business followed the rules, maintained the vessel and gave the renter the instruction needed to operate it safely.
At McLeod & Thompson, LLP, we examine the full rental arrangement before deciding where responsibility lies. That means looking beyond the crash itself to the people, companies and records behind the vessel.
Shared Liability After a Rental
The operator who caused the crash is usually the first person an insurer looks at, but a rental injury can involve several responsible parties. The rental business, which Florida law calls a livery, may share responsibility if it rented to someone who was not legally qualified, skipped required instruction or sent out a vessel that was not seaworthy.
The vessel owner may also be involved if a separate company owns the boat or jet ski. When defective steering, a throttle problem or another failed part contributed to the crash, a maintenance contractor or manufacturer may come into the claim as well.
A captained charter is different from a boat you rent and operate yourself. The captain, charter company or vessel owner may be responsible for a passenger’s injuries, and federal maritime law may apply to trips that travel through the passes and into the Gulf. Our guide to Florida boating accidents explains more about the laws that can apply on different waters.
The first step is identifying what kind of trip you were on and who controlled the vessel. That answer shapes which records matter and which insurance policies may provide coverage.
Florida Livery Requirements
Florida Statutes set the basic rules for boat and jet ski liveries. A livery cannot knowingly rent a motorized vessel to someone under 18. It also cannot send out a vessel that exceeds its passenger or horsepower limits, lacks required safety equipment or is not fit for its intended use.
Before a renter leaves the dock, the livery must provide pre-rental or pre-ride instruction. That instruction must cover the vessel’s operating characteristics, safe operation and right-of-way, the operator’s responsibility, local waterway hazards and emergency procedures. The renter signs a statement confirming that each part was covered, and the person who gave the instruction signs it too.
Those requirements matter after a crash. A signed form does not always prove that a meaningful lesson happened. We compare the paperwork with witness accounts, surveillance video, employee training records and the time between checkout and departure.
Florida also requires a livery to carry at least $500,000 per person and $1 million per event in liability coverage. The business must either provide matching coverage for the renter or offer the renter an opportunity to buy it. If the renter declines, the livery must obtain a signed acknowledgment.
Renter Documentation
Most people born on or after January 1, 1988 must carry photo identification and a Florida boating safety identification card or approved temporary certificate when operating a motorized vessel of 10 horsepower or more. A Florida driver license or state identification card that shows the boating safety designation can satisfy both requirements.
A renter who has not completed the full boating safety course may be able to obtain a temporary certificate by passing an approved examination. The livery still has a matching duty at the counter. It may not knowingly hand over a covered vessel to someone who has not presented the required documentation or met an exemption.
The paperwork may look routine when a family is eager to get on the water. After a serious injury, it becomes evidence of what the livery checked, what it explained and what it failed to catch.
Jet Ski Safety Rules
Personal watercraft are quick, responsive and less forgiving of an inexperienced operator. Florida law adds another layer of rules for jet skis because their handling is different from a pontoon boat or center console.
No one under 14 may operate a personal watercraft on Florida waters. A jet ski also may not be operated from one-half hour after sunset until one-half hour before sunrise. The owner or person controlling a rented jet ski cannot knowingly allow someone to operate it without instruction in safe handling.
These rules often become important when a rental runs late, a younger passenger takes a turn at the controls or two people in the same group switch machines. On Santa Rosa Sound, a collision may even involve jet skis from two different liveries. That leaves two rental files, two sets of instruction forms and more than one insurance company trying to limit its share.
Rental Records After a Crash
The rental agreement, signed instruction statement and checkout log show what happened before the vessel left the dock. Maintenance records can reveal whether the livery knew about steering, throttle, hull or engine problems. Photographs and video can show the condition of the vessel before a quick repair changed it.
Florida requires a livery to keep the signed instruction statement for at least 90 days and the rental agreement for at least one year. Those are legal retention periods, not reasons to wait. Rental fleets move quickly. A damaged jet ski can be repaired and returned to service while a witness who saw the crash may be back home in another state within days.
We move early to preserve the vessel, the paperwork and any available video. That evidence can fade long before the deadline for filing a lawsuit closes.
The release you signed at the counter also deserves a careful review. Clients often assume it ended every possible claim. It may cover less than they think, especially when another operator, a defective vessel or the rental company’s own conduct caused the injury.
Before the Insurer Calls
An adjuster for the rental company may call before the full extent of the injuries is clear. The questions can sound routine, but the answers become part of the insurer’s file. You do not have to help that company decide how much blame to place on you.
McLeod & Thompson, LLP handles boat and jet ski injury claims across Northwest Florida. Mike McLeod and Randy Thompson are board certified personal injury specialists, and one of the partners works directly with each client. If a family lost someone on the water, we also handle the claim under Florida’s wrongful death law.
Call 850-444-4444 for a free consultation before you sign another document or give a recorded statement. Our phones are answered anytime, day or night. You can also visit our office at 400 East Government Street in downtown Pensacola or send us a note through our contact page.
Frequently Asked Questions (FAQs)
Can a Boat or Jet Ski Rental Company Be Liable for My Injuries?
Yes. A livery may share responsibility if it rented to someone who did not meet Florida’s requirements, failed to provide the required safety instruction or sent out a vessel that was unsafe. The operator, vessel owner or manufacturer may also be responsible depending on what caused the crash.
Does Signing a Rental Waiver End My Claim?
Not necessarily. The effect of a waiver depends on its language and the facts of the crash. A signed form may not protect every party or cover every kind of misconduct. Have the full rental packet reviewed before assuming you have no claim.
What Records Should Be Preserved After a Rental Accident?
Important records include the rental agreement, instruction statement, checkout log, employee training records, maintenance history and insurance information. Photographs, witness contact information and video from the dock or nearby businesses may also help show what happened.
How Soon Should I Contact a Lawyer After a Rental Crash?
As soon as your immediate medical needs are addressed. Rental vessels can be repaired quickly, video can be overwritten and visitors who witnessed the crash may leave the area. Starting the investigation early gives your lawyer a better chance to preserve the evidence.
