Understanding Your Legal Liability to Guests
When a guest steps aboard, the typical boat owner is more likely to be thinking more about having lunch or getting underway than worrying about his legal duties and responsibilities as "Master" of the vessel. But if that guest were to stumble and be injured, you can bet the boat owner would quickly ponder what, if anything, could have been done to have prevented the injury and, heaven forbid, whether he might be liable.
The question of liability is both simple and complex, steeped in more than 3,000 years of maritime legal principles dating back to the Phoenicians. Admiralty law, like land-based legal concepts, starts with the premise that a property owner owes his invited guest a duty to exercise ordinary or reasonable care for the safety of the guest.
Deciding just what constitutes reasonable care can be especially complicated on a boat, which is bobbing, slippery and filled with obstructions. It has a great deal to do with the experience of the boat owner and the boating experience of the passenger and whether the boat owner had or should have had knowledge or notice of some dangerous condition. Additionally, it may depend on whether the owner knew or should have known his guest was unaware of or unfamiliar with the condition.
The duty to exercise reasonable care is rooted in the duty to provide a reasonably safe boat for the invited guest. This does not require that the boat be accident proof. Under the law, the applicable standard of care requires the boat owner to provide a boat that is reasonably safe, not one that is absolutely safe.
A guest also has some responsibility - a duty to exercise care for his or her own safety. A guest cannot simply walk blindly about the boat. But reasonable care does mean that you may be held accountable if you fail to warn a guest, for example, about a ladder you know is unstable.