I. Determining the Governing Law

1. Why a boating accident is not simply a premises or automobile negligence case on the water
2. Determining whether federal maritime law, Florida law, or a combination of both applies
3. Navigable waters, admiralty jurisdiction, and choice-of-law considerations
4. How the governing law can affect liability, defenses, damages, and litigation strategy

II. Navigating Waivers and Releases

1. Pre-injury releases in boat rentals, charters, excursions, and recreational activities
2. Enforceability under Florida law and federal maritime law
3. Requirements for clear, unequivocal, and conspicuous exculpatory language
4. Limitations on waivers involving gross negligence and intentional misconduct
5. Statutory and maritime restrictions on contractual limitations of liability
6. Why the existence of a signed waiver should not end the case evaluation

III. Charting Damages: Florida Law vs. Maritime Law

1. Differences between Florida wrongful death remedies and maritime wrongful death remedies
2. Availability of loss of support, services, companionship, consortium, and other nonpecuniary damages
3. Treatment of future earnings and survival damages
4. Availability and limitations of punitive damages
5. The significance of the decedent’s status and the location of the casualty
6. Application of the Death on the High Seas Act when applicable

IV. Avoiding the Limitation of Liability Shoal

1. The federal Limitation of Liability Act and its potential impact on boating claims
2. Vessel value and the potential limitation fund
3. Federal limitation proceedings, injunctions, and procedural deadlines
4. The vessel owner’s privity or knowledge
5. Strategic considerations when a limitation action is filed

V. Selecting the Right Captain: Why Counsel Matters

1. Identifying admiralty jurisdiction and the correct substantive law at intake
2. Understanding maritime standards of care and contractual defenses
3. Preserving vessel, GPS, electronic, photographic, and Coast Guard evidence
4. Evaluating vessel ownership, operation, charter, and agency relationships
5. Recognizing maritime deadlines, federal procedures, and limitation issues
6. Selecting appropriate marine, navigation, engineering, and damages experts

VI. Safe Harbor: Initial Case Evaluation

Five questions to ask immediately:

1. Where did the incident occur?
2. What vessel and activity were involved?
3. Who owned, operated, chartered, rented, or controlled the vessel?
4. What waivers, releases, tickets, rental agreements, or charter agreements exist?
5. In a death case, where did the death occur and who are the surviving beneficiaries