New Orleans

Recreational Boating Accident Lawyers

A fishing trip, afternoon on the lake, or day aboard a pleasure boat can turn serious when someone operates a vessel carelessly. Excessive speed, alcohol use, dangerous wakes, and other unsafe conduct can cause serious passenger injuries.

At The Voorhies Law Firm, our New Orleans recreational boating accident lawyers represent people injured on private fishing boats, jet skis, sailboats, bowriders, center-console boats, yachts, and other pleasure watercraft.

What Is a Recreational Boating Accident Claim?

A recreational boating accident claim arises when someone is injured while using a boat or personal watercraft for pleasure, fishing, watersports, or another noncommercial activity.

These claims may involve passengers, boat operators, swimmers, or people participating in activities such as tubing, water skiing, or riding a personal watercraft.

At The Voorhies Law Firm, we handle recreational boating claims involving jet skis, bowriders, center-console boats, fishing boats, sailboats, yachts, and other pleasure vessels.

These cases are related to our broader boat accident practice, but recreational claims often focus more closely on private operator behavior, alcohol use, speed, wake control, vessel capacity, consent to use the boat, and recreational safety practices.

How Maritime and Louisiana Law Apply to Recreational Boating Accidents

Louisiana has specific laws governing noncommercial watercraft, while federal maritime law may apply to certain accidents occurring on navigable waters. The appropriate legal framework depends on the location and circumstances of the accident.

Louisiana Boating Laws

  • Louisiana R.S. 34:851.4: Louisiana prohibits careless operation of noncommercial watercraft.
  • Louisiana R.S. 14:98: Louisiana prohibits operating a watercraft or vessel while impaired by alcohol or drugs.
  • Louisiana R.S. 34:851.18: A watercraft owner may be liable for injuries caused by negligent operation when the vessel was being used with the owner’s express or implied consent.
  • Louisiana R.S. 34:851.10: Louisiana requires immediate notice of certain recreational boating incidents involving death or injury, damage to vessels or other property totaling $2,000 or more, or complete loss of a vessel.

General Maritime Tort law

  • General Maritime Tort law 46 U.S.C. § 30106: When maritime law governs, an action for personal injury or death arising from a maritime tort generally must be filed within three years after the cause of action arose unless another law provides otherwise.

Louisiana Prescriptive Period

  • Louisiana Civil Code art. 3493.1: When Louisiana negligence law governs, a delictual action is generally subject to a two-year prescriptive period beginning on the day the injury or damage is sustained.These rules do not mean every recreational boating accident follows the same deadline or legal process. The waterway, type of accident, responsible parties, and application of maritime law should be reviewed before relying on a particular filing period.

Venue and Jurisdiction

  • For claims filed in New Orleans, a maritime case may proceed in the U.S. District Court for the Eastern District of Louisiana at the Hale Boggs Federal Building and U.S. Courthouse, 500 Poydras Street, New Orleans, LA 70130. A claim governed by Louisiana law may proceed in state court when jurisdiction and venue are proper, including the Civil District Court for the Parish of Orleans at 421 Loyola Avenue, New Orleans, LA 70112.

The Legal Process, Step by Step

Determine which law applies:

We review the circumstances of the accident to determine whether Louisiana law, maritime law, or both may apply.

Protect your medical and accident record:

We review medical treatment and gather available photographs, witness information, vessel details, and official reports.

Investigate how the boat was being operated:

Depending on the accident, we may examine speed, right-of-way decisions, lookout practices, alcohol or drug use, and other factors affecting safe operation.

Review vessel ownership and boat and safety equipment:

The person driving the boat may not be the owner. Steering problems, defective equipment, inadequate flotation devices, unsafe seating, missing safety gear, or other vessel conditions may have caused or worsened the injuries.

Document the full impact of the injury:

We gather evidence of medical expenses, missed work, reduced earning ability, future care, physical limitations, pain, and other losses caused by the accident.

Pursue the claim through settlement or litigation:

Some recreational boating claims can be resolved through insurance negotiations. When a fair resolution cannot be reached, we prepare the case for court.

Types of Cases We Handle

The Voorhies Law Firm represents passengers, operators, and others injured while boating, fishing, riding personal watercraft, and participating in recreational activities on Louisiana waters. Depending on the circumstances, our representation may include:

  • Jet Ski and Personal Watercraft Accidents
  • Boating Under the Influence Accidents
  • Speeding and Reckless Boating
  • Rental and Borrowed Boat Accidents
  • Falls Overboard
  • Propeller Injuries

Defective steering, engines, flotation devices, or other equipment may also support a product liability claim. When a recreational boating accident causes a brain injury, spinal injury, or another permanent condition, we can also evaluate the case through our catastrophic injury practice.

Surviving family members may also have rights under maritime or Louisiana law. If a recreational boating accident results in a fatality, our attorneys can evaluate the surviving family’s rights under maritime or Louisiana law and any available wrongful death claim.

Results

Behind every recreational boating injury is someone who was out on the water to enjoy themselves, and whose day changed because an operator made a choice they shouldn’t have. We build the case around that choice and its consequences.

The Voorhies Law Firm has recovered over $100 million for our clients, including a $4 million settlement arising from a maritime accident that caused traumatic brain and serious spinal injuries.

Results may vary, and every recreational boating case depends on the applicable law, the operator’s conduct, and the specific facts involved.

What Our Clients Say

Why Choose The Voorhies Law Firm?

At The Voorhies Law Firm, we focus on understanding the circumstances of a recreational boating accident and building the claim around the full impact of the injuries on our client.

If a recreational boating accident has left you facing medical treatment, missed work, or questions about who may be responsible, The Voorhies Law Firm can review what happened and determine which Louisiana or maritime laws may apply. Acting early can also help preserve photographs, vessel information, witness accounts, accident reports, and other evidence.

Frequently Asked Questions

No. Some recreational boating accidents on navigable waters may fall under federal maritime law, while others may be governed primarily by Louisiana law. The location of the accident, the waterway involved, and the activity taking place should be reviewed before determining which legal rules and filing deadlines apply.

Alcohol use may become important evidence in a recreational boating claim. Louisiana law prohibits operating a watercraft or vessel while impaired by alcohol or drugs and identifies a blood alcohol concentration of 0.08% or more as one basis for the offense. A criminal investigation is separate from an injured person’s civil claim.

It depends on what caused the accident. The operator may be responsible for careless handling, while a vessel owner or rental company may need to be investigated for issues involving consent, maintenance, equipment, or safety information. Defective products may create additional claims against a manufacturer or supplier.

Certain accidents do. Louisiana requires immediate notice when a collision, crash, or casualty involving a recreational vessel results in death, injury, or property damage exceeding the statutory threshold. Additional reporting requirements can apply, so the circumstances should be reviewed promptly after a serious accident.

The deadline depends on the law governing the accident. Maritime tort claims generally have a three-year federal filing period, while Louisiana negligence claims generally follow the state’s applicable prescriptive period. Other circumstances may affect the deadline, so it should be determined from the specific accident rather than assumed.