Boating Accident Lawyer · Charleston, SC
Charleston Boating
Accident Attorney
A day on Charleston’s waters can change in seconds. When a careless or impaired operator, or a negligent rental or charter company, causes a crash, O’Reilly Masciale Law Firm holds them accountable. We represent injured boaters, passengers, and families across the Lowcountry and throughout South Carolina.
Boating cases are not car wrecks on the water. Depending on where an accident happens, federal maritime law may apply instead of, or alongside, South Carolina law. Boat owners can use a federal statute to try to cap what they owe at the value of a wrecked boat. And South Carolina does not require recreational boaters to carry liability insurance at all.
Charleston County is one of the busiest boating counties in the state. In 2020 it recorded the second-most reported boating accidents in South Carolina, behind only Horry County, according to SCDNR. We handle cases from Charleston Harbor and the Intracoastal Waterway to Shem Creek, the Folly River, the Stono, Wando, Cooper and Ashley Rivers, and Lakes Marion and Moultrie.
We move quickly to secure the evidence that matters: the SCDNR investigation file and accident report, GPS and chartplotter data, phone records, witness accounts, and the boats themselves before they are repaired or sold. Call (843) 790-8771.
Any result our firm has achieved for clients in other matters does not necessarily indicate that similar results can be obtained for other clients.
What We Handle
Boating cases we handle
- Boat collisions
- Impaired or reckless operators
- Excessive speed and wake injuries
- Propeller strikes
- Falls overboard and ejections
- Jet ski and personal watercraft crashes
- Rental boat accidents
- Fishing and sightseeing charters
- Tour boats and water taxis
- Marina and dock injuries
- Drowning and wrongful death
- Traumatic brain injuries
- Spinal cord injuries
- Amputations
- Burns from fuel fires and explosions
What Makes These Cases Different
Five things that change
a boating case
Boating claims follow rules that most injury cases never touch. These are the issues we look at first.
When an accident happens on navigable waters, such as Charleston Harbor, the Intracoastal Waterway, or the tidal rivers, and involves traditional boating activity, general maritime law can govern the claim. The case can usually still be brought in South Carolina state court, but the rules on fault, damages, and deadlines can differ.
The federal Limitation of Liability Act lets a vessel owner ask a federal court to cap liability at the value of the boat after the accident. The owner must file within six months of receiving written notice of a claim, and the cap does not apply when the owner had “privity or knowledge” of what caused the crash. If an owner files, the court sets a deadline for every injured person to come forward, and missing it can cost you your recovery. Since 2022, the Act no longer applies to many small passenger vessels, such as tour boats, water taxis, and some charters.
South Carolina does not require liability insurance for recreational boats, and auto policies generally do not cover a boating accident. We look for every source of recovery: boat and yacht policies, homeowners and umbrella policies, rental and charter company coverage, and any business that shares responsibility.
Coast Guard data consistently lists alcohol as the leading known contributing factor in fatal recreational boating accidents. South Carolina makes it a crime to operate a boat while materially and appreciably impaired, and a blood alcohol level of 0.08 percent or more allows an inference that the operator was under the influence. Boating under the influence that causes great bodily injury or death is a felony. A bar, restaurant, or marina that knowingly served an intoxicated operator may also be responsible. See our dram shop page.
Serious boating accidents must be reported, and SCDNR law enforcement officers investigate them. Boats get repaired, GPS data gets overwritten, and witnesses who were visiting go home. We start preserving evidence the day we are hired.
Common Questions
How long do I have to file a boating accident claim in South Carolina?
In most cases, three years. That is the general deadline for personal injury under South Carolina law, and federal maritime law also sets a three-year deadline for injury and death claims. A South Carolina wrongful death claim must be brought within three years of the date of death. Shorter deadlines can apply, including claims against government entities and claim deadlines set by a federal court in a limitation proceeding, so do not wait.
Do boat operators in South Carolina need a boating safety course?
Operators born after July 1, 2007 must complete an approved boating safety course before operating a boat with a motor of 10 horsepower or more or a personal watercraft, unless they are accompanied by a qualifying adult or hold a rental safety certificate or another recognized credential. Whether an operator was qualified can matter in a case.
I was a passenger on a friend’s boat. Can I still bring a claim?
Yes. Passengers and guests can bring claims against a negligent operator and, in many cases, the owner. When the owner or operator has coverage, such as a boat, homeowners, or umbrella policy, these claims are usually paid by the insurer rather than out of a friend’s or family member’s pocket. We handle them with care for the relationships involved.
I signed a waiver to rent a jet ski or boat. Do I still have a case?
Possibly. A waiver does not automatically end a claim. Courts read waivers strictly and look at the exact language, which law applies, and what actually caused the injury. A waiver may not protect a company from gross negligence or reckless conduct. Bring us the paperwork and we will tell you where you stand.
What if I was partly at fault?
You may still recover. Under South Carolina law, you can recover as long as your share of fault is not greater than the other side’s, with your recovery reduced by your percentage. Under federal maritime law, your recovery is reduced by your share of fault but is not barred.
I was hurt working on a boat or at the docks. Is that a boating case?
It can be. Crew members who qualify as seamen may have claims under the Jones Act and for an unseaworthy vessel. Dock and harbor workers may be covered by the federal Longshore and Harbor Workers’ Compensation Act, which can also allow a claim against a negligent vessel. These differ from state workers’ compensation, and the right path depends on your job and where you were hurt.
Also At This Firm
Serious injury and wrongful death
Boating cases are one part of what we do. O’Reilly Masciale Law Firm is a statewide trial practice representing people who have been seriously injured and families who have lost someone.
Start at the home page, look through our case results, or meet the team.
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Call (843) 790-8771 · Available statewide · Charleston, SC