Baum Hedlund Aristei & Goldman changed its name to Wisner Baum in January 2023.

Boating Accident

Boating Accident Lawyers

Nationwide Attorneys Representing Victims of Tour Boats, Cruise Ships, Ferries, and Duck Boats

Boating accidents have devastating consequences for victims and their families. Companies that own and operate tour boats, cruise ships, ferries, and duck tour boats are required to maintain their vessels in proper condition, provide life-saving devices such as life jackets for passengers, and ensure compliance with maritime law and applicable regulations.

Lava Boat Tour

Tragically, unethical operators choose to put profit ahead of safety by:

  • Failing to properly maintain boats in their fleet.
  • Failing to operate boats in a safe manner.
  • Failing to cancel tours when dangerous conditions are forecast.
  • Failing to clearly inform passengers where safety gear can be found and how to use it.
  • Failing to properly train crewmembers.
  • Failing to make passenger safety the primary consideration.

If a vessel owner or operator puts lives in danger through negligent, careless or reckless actions (or inactions), they can be held liable for any personal injury or wrongful death that happens as a result. At Wisner Baum, we have decades of experience fighting on behalf of boating accident victims nationwide, and we can help you seek justice after you suffer serious injuries. Based in California, our attorneys can take on cases nationwide.

Contact us at (855) 948-5098 today for a free consultation.

Types of Boat Accidents

Tour Boat Accidents

Tour boats are a way for people to see the sights in exciting locations. Areas near the ocean, rivers or lakes offer water taxis, charter boat rentals, duck boat tours, swamp tours, fishing tours, whale watching, scuba and snorkeling tours, and more. Tour boat operators owe a duty of care to ensure the safety of their passengers.

Any negligence can turn an otherwise fun activity into tragedy. Below are some common results of tour boat operator negligence:

  • Wrongful death. Passengers aboard tour boats must be offered some level of protection against drowning in the event of an accident. This includes railings and barriers to keep passengers from going overboard, and access to certified life vests or other floatation devices.
  • Traumatic brain injury (TBI) or spinal injury. Head and neck injuries are common if a tour boat collides with another vessel, as most, if not all passengers are not wearing safety belts.
  • Fire and burn injury. Fires on boats are catastrophic as they can spread quickly, and passengers have little time to react with minimal escape routes. Boat owners and operators must ensure all on board have a means of escape and that fire suppression systems are present, functional and easily accessible.
  • Other personal injuries. Passengers may sustain broken bones, lacerations or other personal injuries if they are standing or walking on the tour boat while it maneuvers through the water.

group of people on a tour boat

Dive Boat Accidents

Dive boats, sometimes referred to as scuba boats, take people out for diving excursions. These excursions can be as short as a few hours or several days long and can involve people with a range of experience, from beginners to highly experienced divers. Depending on the size of the dive boat, tours can take dozens of people at a time and may include gourmet meals, sleeping berths, and ecological presentations.

As with all boats, dive boats can be the scene of great tragedy. Tour boat owners, operators, and crew are responsible for passenger safety, including ensuring that the boat is seaworthy, that all Coast Guard safety rules and regulations have been met, that there are no unreasonable defects or hazards on the boat, that all exits are easily accessible, and that passengers are not put at any unnecessary risk of harm, including death.

Lava Boat Accidents

In Hawaii, for example, lava tour boats are common. Lava boats allow tourists to see different perspectives of volcanoes or views of hot lava entering the ocean. While these boat excursions may offer excitement for passengers, they do come with some level of danger.

On July 16, 2018, a tour boat operated by Lava Ocean Tours was hit by a chunk of lava off the coast of Hawaii’s Big Island. Nearly two dozen people sustained injuries in the Hawaii tour boat accident. Our firm was retained by several victims of this preventable tragedy.


Duck Boat Accidents

Duck Boats are amphibious vehicles that can travel over land or water. While they were initially designed for use in WWII, they are now used for recreational purposes to take sightseers around tourist destinations, offering different perspectives from both land and water.

After numerous fatalities in Duck Boat accidents, the National Transportation Safety Board (NTSB) recommended changes to Duck Boat designs, including removing the canopy, which can trap passengers if a Duck Boat takes on water.

Among the multiple-fatality accidents involving Duck Boats:

  • 1999 Arkansas: 13 people died when a Duck Boat sank
  • 2015 Washington: 5 people died and 44 were injured when an improperly-maintained Duck Boat collided with a tour bus in Seattle
  • 2018 Missouri: 17 people died when a Duck Boat sank on Table Rock Lake in Branson

In 2016, Wisner Baum filed a lawsuit on behalf of one of the five victims killed in a majoor 2015 Duck Boat accident in Seattle. The wrongful death lawsuit alleged the Duck Boat vehicle involved in the collision had a known defect in the axle, which caused the driver to lose control and veer into oncoming traffic.

The lawsuit alleged that Ride the Ducks Seattle, the Duck Boat operator involved in the Seattle accident, was negligent in many respects, including but not limited to:

  • Failing to properly inspect, maintain and repair the Duck Boat vehicle.
  • Failing to use reasonable care to detect and remedy hazardous defects.
  • Failing to address a 2013 safety notice issued by Ride the Ducks International.
  • Failing to properly train and supervise its mechanics and drivers.
  • Operating an unsafe, dangerous and defective Duck Boat vehicle on a state highway known to have inadequate lane width to accommodate the Duck Boat.
  • Requiring drivers to function as both tour guides and drive its vehicles simultaneously.

In 2016, Ride the Ducks International (RTDI), the manufacturer of the duck boat vehicle involved in the Seattle crash, agreed to pay up to $1 million in civil fines for violating federal safety regulations. RTDI failed to notify federal transportation officials and issue a recall after discovering a potential defect on the front axles of its duck boats.

“Duck Boat vehicles were not originally designed for recreational tourist excursions, especially with large groups,” says attorney Timothy A. Loranger, who represented victims from the 2015 Duck Boat crash in Seattle. “Yet despite numerous safety lapses, these amphibious vehicles continue to operate in cities throughout the country…it is shameful.”

Three years after the tragic crash, 43 victims who were injured or killed in the Seattle duck boat crash were finally able to present their cases to a jury. The trial lasted for months and included more than a week of deliberations. In the end, the jury found that Ride the Ducks and Ride the Ducks International were negligent in the 2015 Seattle Duck Boat crash and awarded $123 million to victims and their families.

Cruise Ship Accidents

Cruise ships offer excursions and activities at ports of call, including sightseeing bus tours and charter boat trips. While cruise companies may tell passengers that they have performed the due diligence of vetting the excursion vendors they contract with, when disaster strikes, passengers often find that the cruise ship’s promise of safety was far from a guarantee.

Cruise lines usually tout the tours they offer at various ports of call. But, when a passenger is injured on a tour, they hasten to distance themselves from the company operating the tour. The fine print on cruise ship contracts asserts that cruise companies are not actually vouching for cruise ship excursion operators, nor do they view them as agents affiliated with the cruise company. To the contrary, when excursion accidents happen, cruise companies trot out the fine print to inform its injured passenger that, “unfortunately”, they have nothing to do with the tour, that the tour operators providing onshore services are independent contractors.

Another way that cruise lines make it difficult for injured passengers (or their families) to hold them responsible is through a provision buried in the fine print, usually only understood by lawyers known as a “forum selection clause.” This provision allows cruise companies to select the location where a potential product liability, personal injury, or wrongful death lawsuit can be filed.

How does this help shield cruise lines from liability? The forum selection clause might require claims to be decided in a state far from the residence of passengers or their family, or even in some foreign country. This creates a burden for most that often discourages people from pursuing their rights.

Ferry Accidents

Ferry boats are often used to transport passengers, frequently over a short distance. Transportation authorities might use them to transport commuters across a harbor, between islands, or for short sightseeing trips.

In 2010, a Staten Island captain lost control of the boat as it approached the St. George terminal too fast. Consequently, in violently crashed into the pier. Approximately 40 people were taken to local hospitals following the ferry crash. Seven years before, the same ferry missed a dock and crashed into a maintenance pier while traveling at full speed. Eleven people died and 70 more were injured.

Contact us at (855) 948-5098 today to discuss your legal options. Our attorneys are available for a no-obligation consultation to answer your questions and explain your rights.

What to Do After a Serious Boat Accident?

If you or someone you love was harmed in a boat crash, it is in your best interest to speak with a lawyer who has experience handling catastrophic personal injury and wrongful death cases. You need someone who will fight hard to ensure you receive fair compensation and who will hold boat owners and tour companies responsible for their actions or negligence. In short, you need a firm with experienced trial lawyers.

Wisner Baum has represented thousands of people across the U.S. who have been affected by tragedies and mass disasters. We have extensive experience investigating major transportation accidents, including boat accidents, plane crashes and train derailments. With decades of experience, our attorneys have sued some of the largest transportation companies in the world. Our attorneys are ceaseless safety advocates dedicated to protecting consumers from negligent companies that willingly choose to put profits above all else.

Call (855) 948-5098 or contact us online to schedule a consultation.

Contact Us Today

No Fees Unless We Win
  • Please enter your first name.
  • Please enter your last name.
  • +1
    Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your city.
  • Please make a selection.
  • Please make a selection.
  • Please make a selection.
  • Please enter a message.
  • Pilliod et al. v. Monsanto Co. $2 Billion
  • Pharmaceutical Settlement $105 Million
  • Whistleblower Settlement $18 Million

    $18 million settlement for Boeing government overcharging on aircraft maintenance

  • A Major US Plane Crash $17.5 Million
  • Commercial Truck Accident $15 Million

    $15 million settlement for a person gravely injured by a major truck company

  • Commercial Truck Accident $8.5 Million

    $8.5 million wrongful death verdict against food industry company, Tyson Foods

  • Best Law Firms 2023
    Best Law Firms 2023

    A ranking in The U.S. News – Best Lawyers® “Best Law Firms” is widely regarded by both client and legal professionals as a significant honor. It is considered the most reliable, unbiased source of legal referrals anywhere.

  • The Truck Safety Coalition
    The Truck Safety Coalition

    Wisner Baum is proud to be a sponsor of The Truck Safety Coalition, a a group of caring individuals dedicated to reducing the number of deaths and injuries caused by truck-related crashes. Our support enables them to help families and save lives.

  • California Powerhouse
    California Powerhouse

    Law360 recognizes law firms that have a strong regional presence, working on important matters within their home state. “[Wisner Baum] possesses a David v. Goliath-sized slingshot while seeking justice for everyday citizens it believes were harmed or killed through corporate wrongdoing.”

  • Elite Trial Lawyers
    Elite Trial Lawyers

    NLJ and American Lawyer Media honor law firms and attorneys as Elite Trial Lawyers for their cutting-edge legal work on behalf of plaintiffs in practice areas ranging from mass torts to securities litigation.

  • Listed in Best Lawyers
    Listed in Best Lawyers

    Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers.

  • AV Top Ranked Law Firm
    AV Top Ranked Law Firm

    Less than one-half of one percent of firms across the nation have achieved this ranking. A firm must have a high percentage of lawyers who have achieved the prestigious AV® Preeminent rating by Martindale-Hubbell®.

  • Verdicts Hall of Fame
    Verdicts Hall of Fame

    The National Law Journal inducted Wisner Baum into the Verdicts Hall of Fame for obtaining the $2 billion landmark verdict in the Roundup cancer case of Pilliod et al. v. Monsanto. The verdict was #1 in California and #2 in the U.S. in 2019 and is #9 in American history.

  • Super Lawyers
    Super Lawyers

    Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.

  • National Trial Lawyers Top 100
    National Trial Lawyers Top 100

    The National Trial Lawyers Top 100 recognized the law firms of Wisner Baum, the Miller Firm and Audet & Partners with the 2019 Trial Team of the Year award (in the Mass Torts category) for their work in the groundbreaking case of Dewayne “Lee” Johnson v. Monsanto Company.

  • AV Preeminent Peer Review Rated
    AV Preeminent Peer Review Rated

    An AV® rating reflects an attorney who has reached the heights of professional excellence. The rating signifies the highest legal ability, and very high adherence to professional standards of conduct, ethics, reliability, and diligence.

  • Avvo 10.0 Rating
    Avvo 10.0 Rating

    Wisner Baum is proud to have all of its lawyers listed in Avvo, a legal directory connecting people in need of legal services with lawyers and connecting lawyers to lawyers. Eight of our attorneys have earned a 10.0 perfect rating with Avvo.

  • Top Jury Verdict in <br> CA and USA
    Top Jury Verdict in
    CA and USA

    TopVerdict.com ranks our $2 billion verdict in Pilliod et al. v. Monsanto as the biggest verdict in California and the second largest verdict in the U.S. in 2019. It is the ninth largest verdict in U.S. history.

  • Lawdragon 500 Leading Plaintiff Consumer Lawyers
    Lawdragon 500 Leading Plaintiff Consumer Lawyers

    Published annually, the Lawdragon 500 Leading Plaintiff Consumer Lawyers list recognizes the “best of the best” in this area of the law through nominations, research, and review by a board of their peers.

  • Product Liability Practice Group of the Year
    Product Liability Practice Group of the Year

    In 2020, Law360 honored the law firms ”behind the litigation wins and major deals that resonated throughout the legal industry.” It recognized our success in several landmark cases.

  • Top Personal Injury Jury Verdict in California
    Top Personal Injury Jury Verdict in California

    In 2018, our $289 million Johnson v. Monsanto verdict was the largest personal injury verdict in California. TopVerdict.com also ranked it #2 among all verdicts in California and #10 in the nation.

  • Bar Register of Preeminent Lawyers
    Bar Register of Preeminent Lawyers

    The Bar Register is the definitive guide to the most distinguished law firms in America. It includes only those select law practices that have earned the highest rating in the Martindale-Hubbell Law Directory and have been designated by their colleagues as preeminent in their field.

/

Firm Reviews

What Our Clients Are Saying
  • I Can’t Imagine a Better Law Firm

    “Multiple lawyers recommended Wisner Baum to me and I have been consistently impressed with the quality of their work.”

    - Best Law Firms Survey
  • They Are About Changing the Systems...

    “Wisner Baum are not only amazing attorneys but more importantly, they are activists. They are about changing the systems which got us into trouble in the first place. They understand their role in the process of making change.”

    - Kim Witczak
  • Top Legal Minds in the Country

    “The Wisner Baum firm has some of the top legal minds in the country; they are driven, determined, trustworthy, ethical and passionate.”

    - From Best Lawyers® Best Law Firms
  • Diligent & Professional Representation

    “Thanks to your efforts I was able to recover from a tragic experience and turn my life around for the best.”

    - W.T.
  • Our Best Interest Was Always Number One on Your List

    “A special thank you to your Spanish-speaking staff for the extra effort put into this case. The language barrier was never a problem, and we are so very thankful to them. Your name holds much respect in our family.”

    - G.C. & C.C
/