By now, many of you have heard about the incident on June 27 involving a duck boat being pulled from the water in Boston when a tow rope snapped, and passengers were hurt. It’s the kind of accident that raises an immediate question most people wouldn’t think to ask: does this fall under maritime law, or is it just a regular personal injury case?
The answer matters more than you might expect. The legal framework that governs your claim can determine who you can sue, how much you can recover, and even which court hears your case.
What Makes This Incident Legally Complicated
Duck boats are unusual vehicles as they operate on both land and water, which means they straddle two quite different legal worlds. A typical car accident falls under state negligence law. An injury on a boat in navigable waters falls under federal maritime (admiralty) law. At the time of the incident, the Boston duck boat was in the process of being hauled out of the water when the tow rope failed.
That transition point is where things get murky in determining what law applies.
The Two-Part Test Courts Use
Courts apply a two-part test to decide whether maritime law applies to an injury and will look at where did the incident happened and whether there was a connection to a maritime activity or maritime commerce.
Why It Matters Whether Maritime Law or State Law Governs
This is not just a technicality. The choice of law has real consequences in regard to the damages that a person can recover, defenses available to the Duck Boat owner and operator and where a claim can be filed.
The Tow Rope Question
A snapped tow rope, line is an issue maritime attorneys deal with regularly. The investigation will need to focus on what the rope’s rated specifications was, specifically, what was the working load limit, meaning the maximum load the rope is designed to handle in normal use and what is the breaking strength, what is the point which the rope will snap under tension. Additionally, were properly haul out procedures followed?
These are questions that overlap maritime safety regulations and ordinary negligence principles. An attorney with maritime experience will know which standards apply and how to investigate them.
What to Do Right Now
If you were injured, or a family member was:
- Seek medical attention and keep all records.
- Document everything photos, witness names, any communications from the duck boat company.
- Don’t sign anything from the company or their insurer before speaking to an attorney.
- Consult a maritime attorney not just any personal injury lawyer given the nature of this incident.
The law around this incident isn’t straightforward, and that’s precisely why the right legal guidance matters early.
So Do You Need a Maritime Attorney?
If you or someone you know was injured in this incident, the short answer is: you should at least speak with one before assuming this is a standard personal injury claim. Getting the wrong kind of lawyer, one unfamiliar with admiralty law in a case like this could mean leaving significant legal protections on the table or missing procedural requirements you didn’t know existed.
Latti Associates LLC offers free consultations for people affected by maritime and passenger vessel accidents. We’ll listen to what happened, answer your questions honestly, and explain what your options may be as more information about the incident becomes available.
