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Marko Law Firm

Michigan Boating Accident Lawyer: Legal Help on the Water

The water should be a place of peace—where Michigan families unwind, thrill-seekers ride jet skis, and fishermen find calm. But when recklessness replaces responsibility, that peace is shattered. A single moment of negligence on a boat can change lives forever.

Boating accidents aren’t just scary—they’re devastating. Victims suffer more than physical injuries. They endure trauma, anxiety, and the lingering pain of lost opportunities. A beautiful day on Lake St. Clair or the Detroit River can suddenly turn into a nightmare of broken bones, spinal injuries, or worse. For too many, it ends in tragedy.

At Marko Law, we know these waters—and we know the law. We represent people who’ve been injured by careless operators, poorly maintained boats, and dangerous behavior on the water. Whether you were hit by a drunk boater, thrown from a jet ski, or injured due to faulty rental equipment, we’re here to fight back.

Michigan Boating Laws & Your Legal Rights

Boating Under the Influence (OUI)

Boating while intoxicated isn’t just reckless—it’s against the law. In Michigan, a person operating a watercraft is legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher, the same threshold used for DUI in vehicles. But impairment doesn’t stop at alcohol. The law also prohibits operating a boat under the influence of marijuana, illegal substances, or even prescription drugs if they impair your ability to navigate safely.

According to Michigan law, if a boat operator is intoxicated and causes an accident resulting in injury or death, they may face felony charges, including prison time. For victims, this criminal negligence can also strengthen a civil claim for damages. At Marko Law, we work closely with authorities to obtain police reports, toxicology results, and witness statements that support your case.

Comparative Fault

It’s a common insurance defense tactic: try to shift blame onto the victim. Michigan uses a “comparative fault” system under MCL 600.2959, which means your financial recovery can be reduced if you’re found partially responsible for the accident.

Here’s the key: you can still recover damages as long as you’re not more than 50% at fault. So, even if you weren’t wearing a life jacket, or made a misstep getting into the boat, you may still have a valid and strong claim. Our job is to ensure the fault is placed where it truly belongs—on the negligent party who created the danger.

Statute of Limitations

Boating accident victims in Michigan generally have three years from the date of the incident to file a personal injury lawsuit. This legal deadline, known as the statute of limitations, is strictly enforced. If you miss it, your case may be permanently barred—no matter how serious your injuries are.

Mandatory Reporting

After a serious boating crash, filing a report isn't just smart—it's the law. Under Mich. Admin Code R 281.123, boating accidents must be reported if they involve:

  • A fatality
  • A missing person
  • An injury requiring medical attention beyond first aid
  • Property damage exceeding $2,000
  • The complete loss of a vessel

This report must typically be filed within 48 hours to 10 days, depending on the severity of the incident. If you were injured, make sure the accident is properly documented by the Michigan Department of Natural Resources (DNR), local marine patrol, or U.S. Coast Guard, depending on the location.

Who Can Be Held Liable in a Michigan Boating Accident?

Negligent Boat Operators

Most boating accidents are caused by human error—reckless or careless behavior by the person driving the boat. Common examples of operator negligence include:

  • Speeding in no-wake zones
  • Failing to keep a proper lookout
  • Making sharp or dangerous turns
  • Operating under the influence of alcohol or drugs
  • Distracted boating (texting, talking, etc.)

Boat Owners

The boat operator isn’t always the owner—and owners can still be held liable, even if they weren’t on board at the time of the crash.

Under the legal doctrine of respondeat superior, employers or businesses that own a boat may be responsible for the negligent actions of their employees while on the job. Similarly, under negligent entrustment, a private owner can be liable if they allow someone unfit—like an unlicensed or intoxicated person—to operate their vessel.

Rental Companies

Renting a jet ski or pontoon boat shouldn’t come with hidden dangers—but sadly, many rental outfits cut corners on safety and training.

Rental companies may be liable if they:

  • Fail to inspect and maintain their equipment
  • Do not provide safety briefings or life jackets
  • Allow unqualified individuals to rent powerful boats
  • Ignore weather or capacity limits

Manufacturers

Not every boating injury is caused by a reckless person. Sometimes, the danger is built right into the boat.

When a design flaw, manufacturing defect, or lack of proper warnings causes harm, the boat or equipment manufacturer can be held liable under Michigan’s product liability laws. Examples include:

  • Engine fires
  • Steering system failures
  • Defective life jackets
  • Fuel leaks or electrical shorts

Event Organizers & Third Parties

Boating accidents often happen during public events like lakefront fireworks shows, regattas, or festivals. In these cases, event organizers, sponsors, and even municipalities may be held accountable if they:

  • Failed to enforce safety zones
  • Overcrowded waterways
  • Provided inadequate security or signage
  • Allowed unsafe conditions to persist

What Damages Can You Recover After a Boating Accident?

Medical Bills & Future Medical Needs

Boating injuries often involve serious trauma—broken bones, head injuries, spinal cord damage, or even amputations. These aren’t one-and-done injuries. They can require:

  • Emergency care
  • Surgery
  • Physical therapy
  • Long-term rehabilitation
  • Assistive devices or home modifications

Lost Wages & Loss of Earning Capacity

If you’ve missed work—or can’t return to your job at all—your financial losses can be overwhelming. We fight for:

  • Lost income from time off work
  • Loss of future earning capacity if you can’t perform the same job again
  • Reduced ability to earn due to disability or long-term physical limitations

Pain and Suffering

This isn’t just about bills—it’s about what you’ve been through. The law recognizes that pain, trauma, and emotional distress are real and compensable.

You may be entitled to damages for:

  • Chronic physical pain
  • Depression, anxiety, PTSD
  • Loss of enjoyment of life
  • Physical disfigurement or scarring

Loss of Consortium

When a serious injury damages a marriage or family relationship, Michigan law allows claims for loss of consortium—the loss of affection, companionship, intimacy, and support a spouse or family member provided. Learn more about this legal concept here.

Wrongful Death Damages

If you’ve lost a loved one in a boating accident, we’re truly sorry—and we’re ready to stand with you. Michigan’s Wrongful Death Act allows families to pursue compensation for:

  • Funeral and burial expenses
  • Loss of the deceased’s financial support
  • Loss of companionship and guidance
  • Pain and suffering endured before death

How We Investigate Boating Accidents

Scene Reconstruction & GPS Data

Water doesn’t leave tire marks. So we bring in accident reconstruction experts who analyze:

  • Boat speed and direction
  • Impact points and damage
  • Water conditions at the time of the crash

We also gather GPS data, onboard tracking records, and navigation apps to determine exactly where and how the incident occurred. These tools help us visualize the moments leading up to the collision—and prove liability in court.

Eyewitness Interviews & Official Reports

What people saw—and said—matters. We conduct detailed interviews with:

  • Passengers
  • Bystanders
  • Nearby boaters or marina staff

We also obtain Coast Guard and Michigan DNR reports, which often include diagrams, operator statements, and citations. These reports can be pivotal in showing reckless behavior or violations of maritime safety rules.

Boat Maintenance and Inspection Records

A vessel is only as safe as its maintenance history. We subpoena:

  • Rental logs
  • Inspection records
  • Manufacturer recalls
  • Service records

If a company or owner ignored known problems—faulty steering, worn engine parts, broken navigation lights—we expose it. This can form the basis for a strong negligence or product liability claim.

Alcohol and Drug Testing of the Operator

Boating under the influence is tragically common—and often covered up unless a serious investigation is launched fast. We work to uncover:

  • Toxicology results from law enforcement
  • Police body cam footage
  • Witness accounts of intoxication
  • Surveillance video from docks or marinas

Call Marko Law Today—We Fight on Land and Water

A boating accident can leave you in pain, confused, and unsure of what comes next. But you don’t have to navigate these rough waters alone. At Marko Law, we’ve built a reputation on standing up for people just like you—people who were hurt by someone else’s carelessness and deserve real answers, real accountability, and real results.

Whether you were injured on Lake Michigan, the Detroit River, or one of Michigan’s thousands of inland lakes, we’re here to fight for you. We’ve gone head-to-head with massive insurance companies, negligent rental companies, reckless boaters, and careless corporations—and won.

Don’t wait for the insurance companies to decide your future. Let us take the helm.

Contact Marko Law for a Free Case Evaluation

Marko Law Will Give You A Voice

At Marko Law, we don’t just take cases — we take a stand. Whether you're facing an injury, injustice, or outright negligence, our team fights like it’s personal — because to you, it is.

  • Over $500 Million recovered for our clients
  • Proven track record in civil rights, personal injury & workplace justice
  • Free, confidential consultations — you don’t pay unless we win
  • Based in Detroit, trusted across Michigan


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