Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents boat accident victims throughout San Jose and Santa Clara County. The San Francisco Bay is one of the most heavily trafficked recreational and commercial waterways on the West Coast, and it is accessible from the South Bay via the sloughs, marinas, and launch ramps of Santa Clara County. Boating accidents on the Bay and its tributaries — collisions, capsizings, falls overboard, carbon monoxide exposure, and dock accidents — give rise to personal injury and wrongful death claims governed by a combination of federal maritime law and California law.

Federal Maritime Law and State Law

Whether federal maritime law or California state law governs a boating accident depends on where and how the accident occurred. Federal admiralty jurisdiction generally applies to accidents on navigable waters — which includes the San Francisco Bay and its connected waterways — when the accident has a substantial relationship to traditional maritime activity. Under the Supreme Court's framework, if admiralty jurisdiction applies, federal maritime law governs the substantive claims, including the standard of care and available damages.

Where federal maritime law applies, the general maritime duty of reasonable care governs most recreational boating accident claims. The standard is similar to California's Civil Code § 1714(a) in practical application — a boat operator must exercise the care of a reasonably prudent mariner under the circumstances. But the choice of law matters: federal maritime law does not allow recovery for loss of consortium, and historically limited recovery for pre-death pain and suffering in wrongful death cases, though the Supreme Court has modified this framework in recent years. Whether state or federal law provides the more favorable framework depends on the facts of the specific case.

California Harbors and Navigation Code

California's Harbors and Navigation Code imposes specific duties on vessel operators on California waterways. Harbors and Navigation Code § 654 prohibits operating a vessel in a reckless or negligent manner that endangers the life, limb, or property of any person. Harbors and Navigation Code § 658 prohibits operating a vessel while under the influence of alcohol or drugs — a violation that may establish negligence per se and support a punitive damages claim under Civil Code § 3294 where the conduct is particularly egregious.

Federal navigation rules under 33 C.F.R. Part 83 (the COLREGS) govern the conduct of vessels on navigable waters, including rules for maintaining lookout, safe speed, right-of-way, and collision avoidance. A vessel operator who violates the COLREGS and causes a collision may be found negligent per se under both federal maritime law and California law.

Common Causes of Boat Accidents

Boating accidents in and around San Francisco Bay arise from operator inattention or inexperience, excessive speed in congested or restricted areas, impaired operation, failure to maintain a proper lookout, wake violations that capsized smaller vessels, mechanical failures resulting from inadequate maintenance, and overcrowding or improper loading. Where a mechanical failure contributed to the accident, the boat manufacturer or the party responsible for maintenance may face liability under products liability or negligence theories.

Dock and Marina Accidents

Not all boating-related injuries occur on the water. Dock and marina accidents — slipping on a wet dock surface, falling through a defective gangway, being struck by dock equipment — are premises liability claims governed by Civil Code § 1714(a) and the general duty to maintain the premises in a reasonably safe condition. The marina operator or dock owner owes visitors and tenants a duty of reasonable care to maintain safe conditions.

Damages

Under federal maritime law and California law, recoverable damages include past and future medical expenses, lost earnings, pain and suffering, and in wrongful death cases, the pecuniary losses of surviving family members. Civil Code § 3333 and Civil Code § 3283 apply where California law governs. The choice of law between federal maritime and California law affects the available damages categories and must be analyzed on the specific facts of each case.

Filing Deadline — Statute of Limitations

The applicable statute of limitations in a boating accident case depends on whether federal maritime law or state law governs. Federal maritime personal injury claims are generally subject to a three-year limitations period under 46 U.S.C. § 30106. California state law claims are subject to the two-year period under Code of Civil Procedure § 335.1. Missing the applicable deadline can potentially bar a claim — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

State law boating accident cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. Federal maritime claims may be filed in the United States District Court for the Northern District of California. All limited and unlimited state civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C).

Related Pages

• San Jose Personal Injury Attorney
• San Jose Cruise Ship Accident Attorney
• San Jose Wrongful Death Attorney
• San Jose Premises Liability Attorney
• San Jose Traumatic Brain Injury Attorney

Attorney Michael Rehm handles boat accident cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.