November 11, 2026
41 min
Minimizing Risks and Liability in Boating
Watch or Listen
What happens when a guest gets hurt on your boat? Maritime injury lawyer John Fulweiler explains boat owner liability, how a boat accident is handled differently from an injury ashore, and what your boat insurance may not cover until you read the fine print. 🛎️ Subscribe to Current Yachts
John practices maritime law out of Newport, Rhode Island, represents injured boaters and commercial fishermen nationwide, and holds a merchant mariner license. In this episode of Full Displacement, Maryline Bossar walks through the situations recreational boat owners face every season: friends aboard for the first time, a hired captain, a mechanic working on the boat, and the steps to take in the first hours after an incident.
Nothing in this episode is legal advice. It is general information about maritime law. Speak with a maritime lawyer about your own situation.
Resources and Contacts:
⏯️ Watch our episodes on marine insurance: https://currentyachts.com/resources/podcast/yachts-insurance-tips-you-must-hear-now and https://currentyachts.com/resources/podcast/what-you-dont-know-about-yacht-insurance-could-ruin-you
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What we cover
✔️ ON NAVIGABLE WATERS, DIFFERENT RULES APPLY. An injury on a boat in Chesapeake Bay or Narragansett Bay will likely fall under the general maritime law, not the rules that apply to a slip and fall at a store. Most recreational boaters don't know that until something goes wrong.
✔️ THE WAKE INJURY. A passenger seated forward of the helm, an unexpected wake, and a serious back injury. John explains why these cases come up so often and why most of them could have been avoided with a good lookout.
✔️ GUESTS ABOARD. Three things before you leave the dock: a boat that is ready to receive people, a short orientation for anyone new to boating, and insurance that covers what you are actually doing, where you are doing it, and in an amount that fits the risk.
✔️ HIRING A CAPTAIN. If you pay someone to help operate the boat, they may try to bring a claim as a crew member under the Jones Act. Check that your policy covers crew, and if your policy names approved operators, add the captain before the trip.
✔️ THE ERODING POLICY. Many marine policies deduct defense costs from your liability limit. A million dollars of coverage can shrink quickly once lawyers are involved. Look for the words eroding, wasting, or defense costs within limits.
✔️ AFTER AN INCIDENT. Care for the injured first. Then document the scene, save the failed part (the winch, the line, the mooring pennant), notify your insurer and follow up in writing, call a maritime lawyer early, and check your reporting obligations.
✔️ REPORTING DEADLINES FOR RECREATIONAL BOATS. Federal law requires the operator or owner to file a boating accident report with the state reporting authority within 48 hours if someone dies within 24 hours, needs medical treatment beyond first aid, or disappears from the boat, and within 10 days for other reportable accidents, including property damage over $2,000. Most states use Coast Guard form CG-3865, and some have their own forms and stricter rules. Form CG-2692, mentioned in the episode, is the casualty report for commercial vessels.
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