Ferry Boat Accidents and Liability

Created by FindLaw's team of legal writers and editors | Last updated December 05, 2018

Maybe you were on your way to work, crossing the bay as you do every day. You don’t have to worry about sitting in gridlock traffic, the water is pristine, and the fresh air always makes you feel more alive. Sit back, listen to your favorite podcast, and contemplate what incredibly healthy dish you’ll be preparing for dinner tonight. And you certainly aren’t alone. In 2014 alone, ferries transported 103 million passengers, according to the Bureau of Transportation and Statistics. But what happens if your fairy tale ferry ride to work becomes the scene of an accident resulting in injury or even worse, wrongful death? Much of it is going to depend on how the injury occurred. Was it the result of a crew member or due to a dangerous condition that the ship operator knew or should have known about?

Below you will find key information about common causes of ferry boat accidents, who can sue, how to establish liability, and where to go if you are looking for legal representation.

Common Causes of Ferry Boat Accidents

There are many reasons why ferry boat accidents happen. Some of it is out of the control of the ship operator, but often times it is simply human error. Common causes include:

Operator negligence, carelessness, or recklessness
Improper safety equipment or measures (not enough life preservers onboard)
Overcrowding
Misjudgment of adverse weather conditions such as typhoons or dangerously high waves
Improper storage of cargo
Boating under the influence (BUI)
Improper maintenance
Mechanical failure
Ship operator falling asleep at the controls
Inexperienced operator/operating at too high of speeds

Who Can Sue?

One of the most important aspects of any lawsuit, ferry boat accident or otherwise, is standing. Standing means that the person bringing the lawsuit (known as the “plaintiff”) has either been affected by the events in the case or will be imminently affected or harmed if the court does not address the problem. Passengers on a ferry boat who were harmed typically have standing to bring a lawsuit related to their injuries.

But there is another class of individuals who can also bring a lawsuit: the crew members. If an employee crew member is injured at sea in a ferry accident, they may be able to sue under federal legislation known as "The Jones Act." The Act protects any "seaman" who is injured or develops an illness while working aboard or in connection to a vessel (such as a ferry).

Liability in Ferry Boat Accidents: Who Can You Sue?

It can often be challenging to figure out who you can sue in a boating accident and which laws might apply. Simply put, maritime and admiralty laws apply to all accidents that occur on navigable waterways such as at sea, on a river, or on a lake. Typically speaking, any owner or operator of a ferry on a navigable waterway can be sued if they are negligent; i.e. they fail to safely operate their vessel and/or appropriately warn their passengers of any dangerous or hazardous conditions. The plaintiff will then need to prove whether a "reasonably careful ship operator" likely would not have known about the hazard that caused the injury. Many times this will require testimony from an expert witness.