Boating Accident Claims

Boating accidents can turn a leisurely day on the water into a distressing and potentially life-changing experience. Whether you’re out enjoying a sailing trip, catching a ferry, or working on a commercial vessel, accidents can occur due to negligence, equipment failure, or unsafe conditions.

Boat owners and operators have a legal duty of care toward passengers and employees, and they must take all reasonable measures to protect their health and safety. When these duties are neglected, boating accidents can occur, resulting in injuries ranging from fractures and lacerations to severe head and spinal cord trauma. Unfortunately, some boating accidents can even be fatal.

If you or a loved one suffered an injury on a ship, you may be eligible to make a boating accident claim for compensation. To find out the merits of your case, do not hesitate to call 0800 470 0474 or enter your details here for a free consultation with a legal adviser.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• Am I eligible to make a boat accident compensation claim?
• What are the most common types of boating accidents?
• Duty of care of boat operators towards passengers
• What injuries could an accident on a boat cause?
• Common causes of boating accidents
• Claims for accidents while working on a boat
• Claims for boating accidents abroad
• What evidence will I need to make a boat accident claim?
• My child was injured in a boat accident. Can I claim compensation on their behalf?
• Is there a time limit to make a personal injury claim?
• How much compensation can I claim for a boating accident?
• Will I receive a No Win No Fee service from my solicitor?

Am I eligible to make a boat accident compensation claim?

To find out if you are able to claim compensation for a boating accident, all you need to do is call 0800 470 0474 or use our contact form to request a free case assessment. An experienced personal injury solicitor will take on your case if they can prove the following:

• The defendant owed you a duty of care.
• They breached this duty, causing a boating accident.
• You suffered an injury or illness as a result.

Your solicitor will be able to prove a duty of care and liability based on the legislation mentioned above. Once this is established, they will help you gather the evidence you need to start the claims process and will contact the other party to begin negotiating a settlement.

What are the most common types of boating accidents?

A boating accident is any unexpected or unintended event that involves a boat, ship, ferry or other vessel on water and results in injury, property damage or loss of life.

Some of the most common types of boating accidents for which you may be entitled to claim compensation include:

• Collisions between vessels due to poor visibility, operator error or lack of attention;
• Collisions with fixed objects, such as a dock, submerged rock or pier;
• Capsizing due to rough weather conditions or overloading;
• Falls overboard due to a lack of barriers, unstable footing, missing handrails or sudden movements;
• Being hit by a boat or dragged underwater while swimming in a designated area;
• Fires and explosions caused by fuel leaks, engine malfunctions or inadequate storage of flammable materials;
• Slips, trips and falls caused by wet decks, broken steps, missing handrails, objects left in walkways and other similar hazards;
• Being hit by falling objects, such as poorly secured luggage or equipment;
• Food poisoning caused by contaminated water, improperly stored or cooked food or spoiled provisions on board;
• Accidents during activities such as water skiing;
• Violence and criminal assaults between passengers or crew members;
• Electrical accidents caused by faulty electrical systems or exposed wires;
• Accidents while working on a ship, such as crush injuries, falls from height and injuries caused by equipment malfunctions.

Duty of care of boat operators towards passengers

Boat owners and operators have a legal duty of care towards all passengers to protect their health and safety. They must do this by following the regulations and safety standards set by the Occupiers Liability Act 1957 and the Maritime and Coastguard Agency (MCA), which include:

• Conduct regular safety checks and risk assessments.
• Ensure the boat is reasonably safe and free from hazards that could cause injuries.
• Display clear warning signs to inform passengers of known risks.
• Ensure passenger numbers do not exceed the vessel’s legal capacity to prevent overcrowding.
• Avoid navigating in unsafe conditions such as storms and high winds.
• Provide proper training to crew members on how to handle emergency procedures.
• Implement security measures to prevent theft, assaults, or other unlawful acts on board.

If you were injured on a boat due to a breach of these or other duties, a specialist accident lawyer may be able to help you claim compensation for your pain, suffering and related financial losses.

What injuries could an accident on a boat cause?

A boating accident could lead to a wide range of injuries for which you could make a claim, including:

• Cuts and lacerations caused by broken glass, impact trauma or propellers;
• Broken bones due to slips on wet surfaces, falling down the stairs or collisions;
• Head injuries from falling objects, slips, trips, or being hit by a boat;
• Back and spinal injuries caused by falls from heights, manual handling, or water-skiing;
• Burn injuries, which can be due to fires, explosions and contact with steam or hot surfaces;
• Drowning or near-drowning due to capsizing, falling overboard or lack of life jackets;
• Sprains and strains caused by lifting heavy objects or sudden movements;
• Eye injuries can be due to flying debris, falls, sharp edges or contact with equipment;
• Internal injuries from blunt force trauma during a collision or fall;
• Crush injuries from getting caught between heavy objects or equipment;
• Food poisoning, caused by consuming contaminated water or food on board;
• Psychological injuries like PTSD and depression due to a traumatic event such as capsizing or witnessing a fatality.

If someone else was at fault for the accident that caused your injuries, you could be eligible for compensation.

Common causes of boating accidents

Some boating accidents are due to environmental factors such as storms and rough seas, which nobody can control. However, other incidents can be avoided and are due to negligence such as:

• Driving the boat at excessive speed.
• Lack of proper training or knowledge in handling the vessel.
• Operating the boat under the influence of drugs or alcohol.
• Distracted driving or ignoring rules and regulations.
• Lack of inspections and maintenance of equipment and navigation systems.
• Exceeding the weight capacity of the boat.
• Lack of safety equipment such as life jackets or lifeboats.
• Poor housekeeping and hygiene standards.
• Not having adequate warning signs in place.

A specialist solicitor could help you make a personal injury compensation claim if you were injured due to the negligence of the boat owner or operator.

Claims for accidents while working on a boat

If you work on a boat as a fisherman, sailor, bartender, or any other capacity, your employer has a duty of care towards you. This is established by the Health and Safety at Work Act 1974, the Merchant Shipping Act 1995 and other relevant legislation and includes responsibilities to:

• Conduct risk assessments to identify potential hazards and take steps to eliminate or reduce them.
• Ensure a safe work environment by complying with safety standards.
• Regularly inspect and maintain vessels and equipment.
• Ensure all staff and crew receive proper training to perform their duties safely.
• Supply appropriate personal protective equipment (PPE), such as gloves, life jackets and helmets.
• Ensure safety equipment such as fire extinguishers, lifeboats, and first aid kits are readily available.
• Manage fatigue and work hours to ensure crew members are well-rested.

If you’ve suffered an injury due to a breach of these duties, you are entitled to make an accident at work claim.

Claims for boating accidents abroad

If you suffered an accident and injuries while on a boat abroad, you are likely still eligible to claim compensation. Cruise ship accidents are typically covered by the Athens Convention, an international treaty that establishes the liability of carriers for any harm sustained by passengers.

Under this treaty, the transporter is liable for injuries or deaths caused by negligence or failure to ensure the safety of passengers. They may also be liable for accidents caused by their employees or crew.

Alternatively, if your cruise or boat trip was booked as part of a package holiday, you can claim under the Package Travel, Package Holidays and Package Tours Regulations 1992. These regulations establish the liability of tour operators and travel agencies for injuries, illnesses and losses incurred due to negligence on a boat trip because they must:

• Ensure your accommodation is safe and adequately maintained.
• Verify that the boating services are reliable and comply with safety standards.

What evidence will I need to make a boat accident claim?

If you want to claim personal injury compensation following a boating accident, you will need various types of evidence to support your case. This could include the following:

• Photographs and videos of the accident scene and any hazardous conditions that have contributed to it;
• Photos of your injuries and your recovery process;
• Medical records such as doctor’s notes and X-rays will prove the types and severity of your injuries and the treatments received;
• A copy of an official accident report filed with the relevant maritime authority, which is the Marine Accident Investigation Branch (MAIB) in the UK;
• Contact information and statements from anyone who saw the accident happen;
• Maintenance records to show whether the vessel was adequately inspected and repaired;
• An assessment from a mental health professional if you suffered emotional trauma, anxiety or PTSD;
• Your personal account of how the accident occurred and how it has affected your daily life and well-being;
• You also need proof of any financial losses and expenses incurred, such as loss of earnings, medical expenses and care costs.

My child was injured in a boat accident. Can I claim compensation on their behalf?

If someone you love was injured in a boat accident and cannot make a compensation claim, you may be eligible to represent them as a litigation friend. This is a legal process through which you can claim on behalf of a minor or an adult who lacks mental capacity, known as a protected party (either due to a brain injury, PTSD or another condition).

To claim on behalf of somebody else, you must be able to prove that you can make competent decisions about the case and have no conflict of interest with the claimant.

If you are approved as a litigation friend, you will have certain duties, which include:

• Gather evidence to support the claim.
• Approve and sign legal documents.
• Liaise with solicitors.
• Pay any fees requested by the court.
• Make decisions about the case which are in your loved one’s best interests.

If you secure compensation as a litigation friend, the payment must be agreed to by a judge during a court hearing. Once approved, your solicitor will help you set up a personal injury trust to manage the funds on their behalf and ensure it does not affect their eligibility for means-tested benefits.

Is there a time limit to make a personal injury claim?

According to the Limitation Act 1980, you have three years to make a boating accident claim, starting from either:

• The date you suffered your injuries;
• The date your injuries were diagnosed and linked to a boating accident or substandard conditions at work.

There are a few exceptions to the three-year time limit:

• There is no time limit to start a child injury claim on behalf of a minor. Once they turn 18, they have until their 21st birthday to claim compensation themselves.
• The limitation date is suspended if the claimant is a protected party. In this case, a litigation friend could represent them at any time.
• If you were injured following a criminal assault on a boat, you have two years to claim compensation through the CICA.
• You have three years to make a compensation claim if you lost a loved one following a boating accident, starting from when they passed away.
• Claims for accidents abroad may have different time limits, depending on each country’s laws.
• Personal injury claims under the Athens Convention typically have a two-year limitation date.

If you miss the claim limitation date, your case will be statute-barred and no longer valid. For this reason and to ensure the availability of evidence, we strongly advise you to start legal proceedings as early as possible.

How much compensation can I claim for a boating accident?

The amount of compensation you are entitled to for an accident that wasn’t your fault will be calculated by considering two types of damages. General damages cover the pain, suffering and loss of amenities you endured because of your accident. Special damages cover all the related financial losses.

If your claim is successful, your compensation payment will take into account the following:

• Physical pain and suffering
• Mental and emotional distress
• Scarring and disfigurement
• Mental and physical disability
• Loss of a unique career
• Loss of consortium or companionship
• Private medical care and medical aids
• Loss of earnings during recovery and loss of earning capacity
• Modifications to your home or vehicle
• Travel expenses to medical appointments
• Cost of care and assistance during recovery

Special damages are calculated based on evidence, such as receipts and payslips. General damages, on the other hand, are based on the guidelines from the Judicial College. You can use our online calculator to estimate your compensation award based on the type and severity of your injuries.

Will I receive a No Win No Fee service from my solicitor?

If you are eligible for compensation, your solicitor will help you start your claim on a no win no fee basis. That means you do not have to pay them a single penny upfront or if your case fails.

Under this agreement, they will only receive a success fee if and after you are awarded compensation. This fee is agreed upon from the beginning and cannot exceed 25% of your settlement.

You can also take out After the Event (ATE) insurance, which will cover all the litigation costs if your case is unsuccessful. These include court fees, medical reports, police reports, expert witnesses, counsel fees and the defendant’s solicitors. You only pay the cost of the ATE premium if you win the claim; otherwise, it is covered by the insurance policy itself.

To find out if you are entitled to compensation for a boating accident, contact a legal adviser by calling free on 0800 470 0474 or using our claim form to request a callback.

Last edited on 14th Jul 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.