Florida Statute 327.32: Vessel as a Dangerous Instrumentality
Florida’s waterways are bustling with recreational boating activities. To ensure safety and accountability, the state has specific statutes governing the operation of vessels. One critical piece of legislation is Florida Statute 327.32, which declares all vessels as dangerous instrumentalities and outlines the associated civil liabilities.
The Concept of Dangerous Instrumentality
Florida Statute 327.32 states that all vessels, regardless of their classification, are considered dangerous instrumentalities. This legal designation is significant because it imposes a high duty of care on the operators of these vessels. The term “dangerous instrumentality” is used to describe objects or tools that, due to their nature, require a high degree of caution when being used. In this context, vessels are inherently capable of causing harm due to their size, speed, and the environment in which they are operated.
Highest Degree of Care
Operators of vessels in Florida are required to exercise the highest degree of care to prevent injuries to others. This means that boat operators must be vigilant, attentive, and proactive in ensuring the safety of their passengers, other boaters, and anyone in the vicinity. The “highest degree of care” is a stringent standard, demanding more than ordinary care. It encompasses adhering to all boating laws, maintaining a proper lookout, avoiding reckless maneuvers, and being prepared to handle emergencies.
Liability for Reckless or Careless Operation
Liability for accidents or injuries caused by the reckless or careless operation of a vessel is primarily placed on the operator in immediate charge of the vessel. Reckless operations can include actions such as excessive speeding, operating under the influence of alcohol or drugs, or ignoring navigational rules. Careless operations, on the other hand, might involve less obvious forms of negligence, such as failing to maintain a proper lookout, not securing loose items on the vessel, or travelling at an unsafe speed.
The statute makes it clear that the responsibility for any damages or injuries caused by such behavior falls on the operator, who is directly in control of the vessel at the time of the incident. This provision ensures that the person most capable of preventing the accident is held accountable.
Exceptions to Operator Liability
While the operator in immediate charge is typically liable for damages, there are exceptions where the vessel’s owner can also be held responsible. These exceptions include situations where the owner is either the operator or is present on the vessel when the reckless or careless operation occurs.
If the owner is merely present on the vessel, their liability is contingent on their involvement or contribution to the reckless or careless behavior. For example, if the owner is instructing or encouraging the operator to perform dangerous maneuvers, they could share liability for any resulting damages or injuries. Or, where the owner turns the vessel over to a person who is not capable of handling the vessel, this could result in liability to the owner.
Implications for Vessel Owners and Renters
For vessel owners, this statute underscores the importance of ensuring that anyone operating their boat is competent and responsible. Owners should conduct thorough checks to confirm that operators have the necessary experience and knowledge of boating safety laws. Providing adequate training and emphasizing the importance of cautious operation can mitigate the risk of accidents.
Renters, similarly, need to be aware of their duties and the serious nature of operating a vessel. Rental companies often include clauses in their contracts that highlight the renter’s responsibility to operate the vessel safely and abide by all regulations.
Common Law and Statutory Violations
The statute also references the “rules of the common law” and violations of state statutes as grounds for determining recklessness or carelessness. This means that even if a specific action is not explicitly covered under Florida’s boating laws, it can still be deemed negligent if it violates common law principles of reasonable care. Operators must, therefore, not only be familiar with statutory requirements but also exercise general prudence and good judgment in all boating activities. This is why it is important to contact a maritime attorney who is familiar with the laws that apply to your boating accident case. At www.888BoatLaw.com this is not a sideline, this is what we do every day, for the past 25 years. When you have the choice to place your trust in a law firm you can choose to go with overwhelming experience, or with a law firm who has never handled a boating accident case.
Contact Frank D. Butler, PA
Florida Statute 327.32 emphasizes the critical importance of responsible vessel operation by declaring all boats as dangerous instrumentalities and holding operators to the highest standard of care. Liability for reckless or careless operation primarily falls on the operator but can extend to the vessel owner in certain circumstances. Understanding these legal obligations helps ensure the safety of all waterway users and protects operators and owners from potential legal and financial consequences.
Navigating the legalities of boating in Florida can be complex. If you have questions about your responsibilities or find yourself involved in a boating accident, seeking experienced legal advice is essential. Contact Frank D. Butler, PA, for comprehensive legal guidance and representation. Our firm specializes in boating law, ensuring that you receive the support and expertise needed to navigate Florida’s boating regulations. Reach out to us today for a consultation. We are ready.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0327/Sections/0327.32.html
