South Carolinians consistently rank boating as one of their favorite recreational activities. However, it’s also one of the most hazardous such activities. Many boat operators have little or no experience on the water. Furthermore, for many of them, drinking and boating is a way of life. That combination often causes serious or fatal injuries.
Boat Accident Attorney in Charleston
Passenger Injuries
Boat owners are legally responsible for passenger safety. This safety is often difficult to ensure on a wet, slippery, and pitching boat deck. That’s especially true if owners are not at their best, for one reason or another. Falls and drawings are the two most common personal injuries in these situations. Many victims fall and hit their heads. These wounds are especially serious for people with pre-existing conditions. Making matters worse, head injuries are difficult to diagnose and treat. Therefore, many victims are seriously hurt and getting worse, and they don’t even know it. As for drownings, a few moments under the waves could be enough to cause a serious brain injury. Life jackets significantly reduce the chances of such an accident, but they don’t entirely eliminate them. Usually, the owner is liable for damages if s/he owed a duty of care and either breached that duty or knew about the hazard which caused injury.
Boat Accident FAQs
How long do I have to file a boating accident claim in South Carolina?
Most boating accident victims have three years from the date of the injury to file a personal injury lawsuit under South Carolina law (S.C. Code § 15-3-530). Boat accident cases often involve multiple parties and insurers, so evidence like fuel records, maintenance logs, and witness accounts can disappear quickly if you wait.
Who is liable if the boat operator had been drinking?
Boating under the influence is illegal in South Carolina (S.C. Code § 50-21-112), and an operator who was impaired at the time of a crash can be held liable for the resulting injuries. Evidence such as field sobriety results, blood alcohol testing, or witness accounts of the operator's behavior before the accident can establish that impairment caused or contributed to the wreck.
What if I was injured on a rented or chartered boat?
Rental companies and charter operators have a general duty of reasonable care to provide seaworthy vessels, properly train renters or crew, and disclose known hazards. If a rental company failed to maintain the boat, provided inadequate safety equipment, or allowed an unqualified operator to take the helm, that company may share liability alongside the operator.
Does South Carolina require boat operators to carry insurance?
Not currently. South Carolina does not require most boat owners to carry liability insurance, unlike auto insurance for vehicles. However, a pending 2025-2026 bill would add a requirement for larger watercraft (S.C. Legislature, S. 26). That gap can leave injured victims with limited options if the at-fault operator is uninsured, which is why identifying every other potentially liable party, such as a marina, rental company, or manufacturer, becomes especially important.
Can a passenger sue the boat owner even as a non-paying guest?
Yes. Boat owners owe passengers a duty of reasonable care under general South Carolina negligence principles, regardless of whether the passenger paid for the ride. If the owner knew about a hazard, such as a defective part or unsafe operating condition, and failed to address it or warn passengers, the owner can be held liable for resulting injuries.
What compensation can I recover after a boating accident?
Compensation in a boating accident claim may include medical expenses, lost income, pain and suffering, and, in cases involving a fatality, wrongful death damages for surviving family members. Because these injuries often involve near-drowning, head trauma, or limb injuries from propellers, future medical and rehabilitation costs are frequently a major part of a claim's value.
The Team at Gus Anastopoulo Can Help
If you’ve been hurt in a boat accident, it’s crucial to consult with a personal injury attorney in Charleston to help you navigate legal options and pursue compensation.
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