Southern California’s coastal lifestyle makes boating a popular activity, especially in areas like Malibu, Ventura County, and the Channel Islands. Whether it’s a weekend cruise, jet skiing, or deep-sea fishing, the ocean provides endless opportunities for fun. However, with heavy boat traffic, reckless operators, and alcohol use, boating accidents are more common than people realize—and they can lead to serious injuries or fatalities.
If you or a loved one has been injured in a boating accident in Malibu, Ventura, or surrounding areas, you may be entitled to compensation. Here’s what you need to know about boating accidents, liability, and legal options in California.
Common Injuries in Boating Accidents
Boating accidents can cause serious and life-altering injuries, often due to high speeds, lack of restraints, and water-related hazards. Some of the most common injuries include:
1. Traumatic Brain Injuries (TBI) 🧠
- Hitting your head during a crash or capsizing
- Oxygen deprivation from near-drowning incidents
- Can lead to memory loss, cognitive impairment, and long-term disability
2. Spinal Cord Injuries & Paralysis 🚑
- High-impact crashes or falls overboard
- Diving into shallow waters and hitting the seabed
- Can result in partial or full paralysis
3. Broken Bones & Fractures 🦴
- Falling on slippery decks or being ejected from a boat
- Jet ski and boat collisions
- Ribs, legs, and arms are the most commonly fractured bones
4. Drowning & Near-Drowning Incidents 🌊
- Unconscious passengers falling into the water
- Lack of life jackets during an emergency
- Can cause brain damage due to oxygen deprivation
5. Burns & Fire-Related Injuries 🔥
- Boat engine explosions or fuel fires
- Contact with hot surfaces or electrical components
- Can lead to severe burns requiring surgery
6. Cuts & Lacerations 🩸
- Propeller accidents (one of the most deadly boating injuries!)
- Contact with sharp metal edges or glass
- Can cause permanent scarring or amputations
7. Whiplash & Soft Tissue Injuries 🤕
- Sudden stops or high-speed impacts
- Can lead to chronic pain and mobility issues
Common Causes of Boating Accidents in Malibu & Ventura County
Boating accidents can result from many factors, but some of the most common include:
1. Reckless or Inexperienced Boaters
Many boaters in Malibu and Ventura County are weekend hobbyists or vacationers who lack proper training. Reckless behavior—such as speeding, making sharp turns, or ignoring safety protocols—can lead to collisions, capsized boats, or passengers being thrown overboard.
📌 California Law: Under the California Harbors and Navigation Code § 678.11, individuals aged 16 or older must possess a California Boater Card to operate a motorized vessel. (Source)
💡 Example: A group of inexperienced boaters in Channel Islands Harbor rents a speedboat but crashes into a jet ski due to their lack of knowledge about right-of-way rules. The injured jet ski operator may have a legal claim against the boat operator and rental company.
2. Boating Under the Influence (BUI)
Alcohol and boating don’t mix. In California, it is illegal to operate a vessel under the influence of alcohol or drugs. The legal limit for boat operators is 0.08% BAC, the same as for driving a car.
📌 California Law: Under California Harbors and Navigation Code § 655, boating under the influence (BUI) is a criminal offense and can lead to fines, jail time, and liability for damages. (Source)
💡 Example: A boater leaves a party in Malibu, crashes into another vessel near Paradise Cove, and injures passengers. The intoxicated driver could be criminally charged and held financially liable for damages.
3. Boat Rental Mishaps & Negligence
Boat rental services are popular in Ventura Harbor, Oxnard, and Marina del Rey, but not all rental companies follow proper safety measures. If they fail to provide safety briefings, maintain boats, or rent to unqualified individuals, they can be held liable for accidents.
💡 Example: A tourist in Ventura rents a pontoon boat with defective steering. The boat malfunctions, crashes into a dock, and injures a passenger. If the rental company knew about the defect but failed to fix it, they could be responsible.
4. Collisions with Other Boats or Jet Skis
With so many vessels on the water, collisions between boats, jet skis, and kayaks are common—especially near Malibu Lagoon and Ventura Pier. Many accidents happen due to:
✅ Failing to yield
✅ Speeding in no-wake zones
✅ Distracted boating (texting, not paying attention)
📌 California Law: Boaters must follow right-of-way rules and speed limits to prevent collisions. (Source)
💡 Example: Two boats collide near Zuma Beach because one captain was using their phone and didn’t see the other vessel crossing. The injured passengers may file a claim against the negligent boater.
5. Slip & Fall Injuries on Boats
Boat decks can become extremely slippery due to water, oil spills, or uneven flooring. If the boat owner or rental company fails to maintain a safe deck (no handrails, non-slip flooring, or warning signs), they may be held liable for slip and fall injuries.
💡 Example: A guest on a yacht rental in Malibu slips on an unmarked wet surface and breaks their wrist. The boat owner or rental company could be responsible for failing to maintain safe conditions.
Legal Obligations After a Boating Accident in California
California law requires certain actions after a boating accident:
✔️ Render Aid – Operators involved must assist injured individuals if possible.
✔️ Exchange Information – Boaters must exchange names, addresses, and vessel details.
✔️ Report the Accident – If the accident results in injury, death, or over $500 in damages, it must be reported to the California State Parks Division of Boating and Waterways within 48 hours for injuries or death, and within 10 days for property damage. (Source)
Failure to report can lead to fines or criminal charges.
Who Is Liable in a Boating Accident?
Depending on the circumstances, liability in a boating accident may fall on:
✅ The boat operator (for reckless or negligent driving)
✅ A rental company (if they failed to maintain or inspect the boat)
✅ A manufacturer (if defective parts caused an accident)
✅ A private boat owner (if their negligence led to an injury)
✅ A bar or marina (if they overserved alcohol to an intoxicated boater)
📌 Key Legal Fact: California follows a comparative negligence rule, meaning multiple parties can be liable for an accident, and compensation is awarded based on percentage of fault. In other words, In California, multiple parties can share fault in an accident. If you’re partially responsible, your compensation is reduced by your percentage of fault, but you can still recover damages.
What to Do If You’re Injured in a Boating Accident
If you’re involved in a boating accident in Malibu, Ventura, or nearby waters, follow these steps:
🚨 Seek Medical Attention – Some injuries aren’t immediately visible.
📸 Document Everything – Take photos/videos of injuries, boat damage, and the accident scene.
📋 Get Witness Statements – Contact info from witnesses can strengthen your case.
🚢 Report the Accident – File a report if required under California law.
⚖️ Consult a Personal Injury Attorney – A boating accident lawyer can help determine liability and fight for medical bills, lost wages, and pain & suffering.
How Borhani Law Group Can Help
Injured in a boating accident? Every moment counts! 🚨 Don’t let someone else’s negligence leave you drowning in medical bills and lost wages. We fight to get you the compensation you need—before it’s too late. Call Borhani Law Group NOW for a FREE consultation!