Injured on San Diego’s Open Waters? Let Gershen Law Boat Accident Attorneys Help

San Diego has miles of beautiful coastline with several different docks, canals, and harbors for seafarers to enjoy the open waters on personal or rented boats. When driving through the coastline it is apparent that boating is a popular hobby among San Diego natives with several private harbors holding high-end yachts to public launch ramps with boat rental companies. With great weather nearly year round San Diegans are constantly flocking to the beaches and hitting the open waters. While San Diego is the perfect city for boating enthusiasts, there is a danger amongst non-experienced first-time boaters who traverse through crowded docks holding high-end yachts.

Why Contact Michelle Gershen for Your San Diego Boat Accident

Choosing the right attorney after a San Diego boating accident is crucial to protecting your health, your finances, and your future. At The Law Office of Michelle Gershen, we offer personalized, hands-on legal representation that larger firms simply can’t match. Michelle Gershen works directly with every client, thoroughly investigating boating accidents, uncovering all liable parties, and building powerful claims aimed at securing the maximum compensation possible. Whether your case involves a rental boat collision, a yacht accident, or an incident involving a negligent or intoxicated boater, Michelle brings decades of experience and a relentless commitment to achieving justice for her clients.

Boating accidents often involve complex maritime laws, aggressive insurance companies, and serious physical and emotional injuries. That’s why you need a proven advocate who will treat your case with the attention it deserves. Michelle Gershen combines deep legal knowledge with genuine compassion, ensuring every client receives fierce advocacy at every stage of the legal process. From gathering evidence to fighting for your full recovery, Michelle stands beside you every step of the way—because when it comes to your future, cutting corners isn’t an option.

When you trust Michelle Gershen with your San Diego boating accident case, you can expect:

• Compassionate, one-on-one attention from your attorney
  
  
• Detailed investigations into the causes of your boating accident
  
  
• Aggressive pursuit of compensation for medical bills, lost wages, pain, and suffering
  
  
• Experienced handling of complex maritime and personal injury laws
  
  
• Relentless advocacy against insurance companies who prioritize profits over people

Common Accidents on Boats and Cruise Ships

Cruise ship accidents departing from or returning to San Diego can quickly turn a dream vacation into a traumatic experience. Every year, countless passengers suffer serious injuries at sea due to unsafe conditions, negligent crew members, or poorly maintained ship facilities. Whether it’s a slip and fall on a wet deck, food poisoning during a luxury voyage, or an injury during a San Diego-based shore excursion, cruise ship injuries are unfortunately common. Understanding the types of accidents that frequently occur onboard is critical for protecting your health, your safety, and your legal rights. Below, we break down the most common cruise ship accidents affecting passengers from San Diego and what steps you should take if you’ve been injured during your voyage.

1. Slip and Fall Accidents

Slip and fall accidents are among the most frequent and preventable incidents aboard cruise ships. Wet decks caused by ocean spray, recent cleaning, or spills from food and beverages create hazardous walking surfaces if not promptly addressed. Poorly maintained staircases, loose carpeting, or broken tiles can also significantly increase the risk of falls. Many accidents occur in high-traffic areas such as around swimming pools, near buffet lines, entertainment lounges, and at boarding ramps where crowding and distractions are common. In some cases, inadequate lighting, lack of warning signs, or failure to dry slippery surfaces can contribute to serious injuries, including fractures, head trauma, and back injuries. Cruise operators have a legal obligation to maintain safe premises, and their failure to do so can make them liable for injuries sustained due to negligence. At Michelle Gershin Law Firm, our dedicated cruise injury attorneys are ready to help you hold negligent cruise lines accountable and fight for the full compensation you deserve.

Common Causes for Slip and Fall on Cruise Ships:

• Cruise ship slip and fall accidents often result from wet surfaces, poor maintenance, or inadequate safety warnings.
  
  
• Victims may be entitled to compensation for injuries caused by cruise line negligence.

2. Swimming Pool and Hot Tub Injuries

Swimming pools and hot tubs aboard cruise ships are popular attractions, but they also present significant safety risks if not properly maintained or supervised. Drownings and near-drownings can occur in crowded pool areas, especially when lifeguards are absent or inattentive. Wet surfaces around pools, spas, and hot tubs create major slipping hazards, leading to broken bones, head injuries, or spinal trauma. Poor water quality control can expose passengers to harmful bacteria or chemical burns if the pools and hot tubs are improperly treated. Cruise lines have a duty to ensure that pool areas are safe, monitored, and clearly marked with warnings to prevent serious injuries. Failure to uphold these responsibilities can result in devastating consequences for passengers and significant legal liability for the cruise operators. At , our experienced San Diego cruise injury attorneys are committed to holding negligent cruise lines accountable and fighting for maximum recovery for injured passengers.

Common Dangers Near Cruise Pools & Jacuzzis:

• Slippery decks, lack of lifeguard supervision, and unsafe water conditions often lead to serious injuries near cruise ship pools and jacuzzis.
  
  
• Passengers can suffer from slip and falls, near-drownings, chemical burns, or infections when cruise lines fail to maintain safe aquatic areas.

3. Falling Overboard

Falling overboard incidents are among the most terrifying and life-threatening accidents that can occur on a boat or cruise ship. These accidents are often the result of negligent behavior by crew members or boat operators, such as failing to maintain safe conditions, improper railing maintenance, lack of safety barriers, or overserving alcohol to passengers. In many cases, rough waters, sudden maneuvers, or overcrowded decks can cause a passenger to lose balance and fall into the water. Tragically, without immediate rescue, overboard accidents can lead to severe injuries, hypothermia, brain damage from lack of oxygen, or even drowning fatalities. If a boating operator fails to provide appropriate life-saving equipment or does not respond promptly, they may be held legally responsible for the resulting injuries or deaths. At [Your Firm Name], our dedicated San Diego boating accident attorneys are committed to investigating overboard incidents thoroughly and fighting to hold negligent parties fully accountable for your suffering and losses.

Common Causes of Falling overboard on Cruise Ships:

• Falling overboard often results from negligent maintenance, lack of safety barriers, or alcohol-related impairment.
  
  
• Victims or their families may pursue claims for wrongful death, traumatic injuries, or inadequate emergency response.

4. Shore Excursion Accidents

Shore excursions are a fun part of any boating trip, but they also carry hidden risks. Accidents often happen when third-party excursion companies cut corners on safety or use faulty equipment. Even if a cruise line or boat operator claims the excursion was “independent,” they may still be responsible if they failed to properly vet the vendor or warn passengers about known dangers. Victims injured during poorly managed excursions deserve experienced legal help.

Common Causes of Shore Excursion Accidents:

• Poor safety practices by third-party operators, such as faulty equipment or negligent guides.
  
  
• Cruise lines failing to vet excursion vendors or warn passengers about risks.

5. Cabin Accidents

Cabin accidents happen more often than people realize, with hazards like broken furniture, slippery bathroom floors, and faulty fixtures causing serious injuries. Poor maintenance, bad lighting, or ignored safety issues inside cabins can turn a relaxing trip into a painful ordeal. Boat and cruise operators have a duty to keep cabins safe, and when they don’t, injured passengers can hold them accountable.

Common Causes of Cabin Accidents:

• Broken furniture, wet floors, loose fixtures, and unsafe cabin conditions.
  
  
• Lack of proper lighting, warning signs, and prompt maintenance by the crew.

Types of Injuries in Boating Accidents

Boating accidents on San Diego’s waters often lead to serious injuries, particularly when inexperienced operators, overcrowded waterways, or equipment failures are involved. From collision impacts to dangerous falls, these incidents can have devastating effects on passengers and crew alike. Whether it’s a rental boat, personal vessel, or tour craft, each type of boating mishap comes with its own set of injury risks. Below, we break down the most common accident types and how they can lead to physical harm — as well as why victims may be entitled to seek justice under maritime and personal injury law.

Passenger Ejection and Falls Overboard

One of the most dangerous scenarios at sea is when a passenger is ejected from the boat or falls overboard. These accidents can happen in a split second and pose extreme drowning risk — especially if the individual is not wearing a life jacket. Fast turns, large waves, and erratic vessel movements make these incidents more common than many realize. Panic and cold-water shock only increase the danger, which is why boating safety advocates stress the importance of life jacket usage at all times.

How these incidents happen:

• Striking large wakes or waves without warning or secure seating
  
  
• Sharp turns or sudden deceleration by the boat operator
  
  
• Slippery decks or lack of railing on smaller vessels
  
  
• Injuries often include drowning, hypothermia, or traumatic brain injury

Propeller Strikes

Propeller-related injuries are among the most catastrophic in boating, often resulting in permanent disfigurement or death. These incidents typically occur when individuals fall into the water near an active engine or swim too close to a running motor. The high-speed rotation of the blades can cause deep, life-threatening lacerations or amputations in mere seconds. Proper safety protocols, including kill switches and engine cut-off devices, are critical but too often ignored.

Typical scenarios include:

• Passengers falling overboard near an active engine
  
  
• Boat reversing without checking behind
  
  
• Swimmers surfacing unexpectedly near a vessel in motion
  
  
• Severe injuries like limb loss, deep wounds, or internal trauma

Fires and Explosions

While not as common as other boating accidents, onboard fires and explosions carry an intense risk of burn injuries and fatalities. These accidents often stem from engine malfunctions, gas leaks, or improper fueling techniques. Poorly maintained electrical systems or fuel lines can spark flames in enclosed spaces, turning a small mishap into a deadly emergency. The National Fire Protection Association (NFPA) provides important guidance on how to reduce fire risk aboard vessels.

Common triggers:

• Gasoline or propane vapor buildup igniting near heat sources
  
  
• Electrical shorts or battery issues in older vessels
  
  
• Smoking near fuel tanks or storage lockers
  
  
• Resulting injuries include burns, inhalation damage, and fatalities

Grounding and Capsizing

Grounding or capsizing typically occurs when a vessel strikes a submerged object or becomes unstable due to weight distribution or rough seas. These incidents are especially hazardous for smaller boats that may flip easily in strong currents or unbalanced conditions. When a vessel capsizes, passengers can become trapped beneath it or thrown into the water unexpectedly, leading to serious injuries or drowning. Quick response and proper flotation devices are essential to reducing the toll.

Risk factors include:

• Navigational mistakes in shallow or unfamiliar waters
  
  
• Unbalanced passenger movement leading to instability
  
  
• High-speed operation in poor weather or strong tides
  
  
• Resulting injuries may include blunt trauma, concussions, or near-drowning

Establishing Liability in Cruise and Boating Accidents

Determining who is responsible for a cruise ship or boating accident is crucial to recovering compensation under California and maritime law. Liability can fall on multiple parties, depending on the circumstances — from negligent cruise operators to reckless rental companies. Uncovering fault requires a focused investigation, legal strategy, and familiarity with both federal maritime regulations and state personal injury laws.

Cruise Ship Companies

Cruise lines owe a high duty of care to their passengers and can be held liable when they fail to ensure a reasonably safe environment. Injuries often stem from poor maintenance, inadequate staff training, or lack of safety protocols. Cruise companies may also be responsible for hiring unqualified personnel or failing to respond properly during emergencies. Victims injured aboard vessels departing from San Diego have the right to pursue claims when corporate negligence leads to harm.

Examples of cruise line negligence:

• Wet or poorly lit walkways that lead to slip-and-fall accidents
  
  
• Inadequate emergency procedures or crew response delays
  
  
• Untrained or inattentive staff responsible for passenger safety

Private Boat Owners and Rental Companies

Boat owners and rental operators have a legal responsibility to maintain their vessels and ensure users are properly briefed on safety. When they overlook equipment issues or allow inexperienced individuals to operate boats without instruction, they expose passengers to unnecessary risk. Liability may also arise when boats are overloaded or operated in unsafe weather conditions.

Common grounds for owner or rental liability:

• Failing to inspect or repair critical boat components
  
  
• Allowing unlicensed or intoxicated individuals to operate vessels
  
  
• Not providing life jackets or emergency safety gear onboard

Third-Party Excursion Operators

Many cruise ship injuries happen off the vessel during excursions managed by third-party vendors. These operators may cut costs on safety equipment, hire untrained guides, or fail to adhere to local laws. Even if the cruise line claims the vendor is independent, liability may still apply if the cruise company failed to properly vet or supervise them.

Risks associated with third-party excursions:

• Faulty zip lines, snorkeling gear, or transportation vehicles
  
  
• Dangerous terrain or water activities without proper safety checks
  
  
• Inadequate supervision during group excursions

Manufacturers of Defective Equipment

In some cases, the cause of an injury may be traced back to a defective product, such as a faulty engine, life jacket, or ladder. Product manufacturers and distributors can be held strictly liable if their equipment fails under normal use. These cases often require technical investigations and expert testimony to prove the defect caused the injury.

Examples of product-related liability:

• Engine fires due to flawed fuel line designs
  
  
• Life jackets that fail to inflate or stay secure
  
  
• Broken handrails or ladders that collapse under minimal stress

Recoverable Damages and Compensation

Boating and cruise ship accidents are rarely minor events. These are not fender-benders or slips on dry land — they are violent, chaotic moments that leave lasting scars. In many cases, they result in catastrophic injuries, permanent disabilities, or even the sudden and devastating loss of life. Victims and their families are often left drowning in medical bills, unable to work, and struggling to make sense of how their lives were torn apart in seconds. The law cannot undo the pain, but it can offer justice in the form of financial recovery. If you or someone you love has suffered on San Diego’s waters, here’s what compensation may be available to help you rebuild.

Medical Expenses

After a serious boating injury, the hospital isn’t just a stop — it becomes a second home. Emergency responders, trauma teams, and surgeons often race to save lives following crashes, falls overboard, or propeller strikes. These medical efforts come at a high cost, and the burden should never fall on the victim.

Compensation may cover:

• Emergency surgeries, ambulance transport, and ICU stays
  
  
• Long-term rehabilitation for spinal cord injuries or brain trauma
  
  
• Prescription medications, medical equipment, and at-home care

Lost Wages and Loss of Future Earnings

Severe maritime injuries don’t just take you out of the water — they can take you out of the workforce for weeks, months, or even permanently. Whether you’re a parent, provider, or sole breadwinner, losing your income can be financially devastating and emotionally crushing.

Claims often include:

• Income lost while hospitalized or in recovery
  
  
• Diminished future earning capacity due to disability
  
  
• Lost career opportunities and shattered professional goals

Pain and Suffering

The emotional wreckage of a boat or cruise accident doesn’t end when the physical wounds heal. Many survivors are haunted by the incident — reliving the screams, the crash, the plunge into dark waters. The pain doesn’t go away when the boat docks. It lingers in the form of nightmares, anxiety, and the quiet grief of a stolen normalcy.

Damages may reflect:

• Chronic physical pain or post-surgical suffering
  
  
• Emotional anguish, PTSD, or deep-seated trauma
  
  
• Loss of joy, independence, and connection with loved ones

Property Damage

In the chaos of an accident at sea, personal belongings are often destroyed or swept away. While property losses may seem minor compared to human life, they can add another layer of stress — especially when essential items like phones, medical devices, or travel documents are lost.

You may recover compensation for:

• Personal property destroyed during a crash or fall overboard
  
  
• Specialty equipment lost during a shore excursion
  
  
• Essential replacements needed during extended medical recovery

Wrongful Death Damages

The most unbearable outcome of any boating accident is the death of a loved one. It can happen in an instant — a drowning, an explosion, a fall overboard — and leave families shattered. No settlement can ever replace a life, but financial compensation can help grieving families survive the aftermath and honor their loved one’s memory.

Wrongful death damages often include:

• Funeral and burial costs
  
  
• Loss of companionship, guidance, and emotional support
  
  
• The future income and security the victim would have provided

Recent San Diego Boating Lawsuits

San Diego’s scenic coastline is a magnet for recreational boaters, tourists, and water sports enthusiasts — but beneath the sun-soaked surface lies a growing concern over safety and accountability. In recent years, a series of high-profile boating incidents have led to injuries, lawsuits, and public scrutiny over the lack of regulation and oversight in the local boating industry. From rental platforms failing to verify operator competency to military training mishaps and sunken fishing vessels, these cases reveal the very real dangers faced on San Diego’s waterways. Understanding these lawsuits not only underscores the legal vulnerabilities that boaters face but also highlights the need for stronger safety enforcement and public awareness.

Lawsuit Over Boat Rental Safety Verification Sparks Concern

Source: NBC San Diego

A lawsuit filed in San Diego raised concerns over online boat rental platforms allegedly failing to verify whether users are properly trained or licensed to operate watercraft. The plaintiff, who was injured in a boating incident, claims that the lack of safety checks contributed directly to the accident. The case sheds light on the booming yet under-regulated peer-to-peer boat rental industry, which allows users to book vessels as easily as vacation homes — often without demonstrating basic safety knowledge. This lawsuit has sparked broader conversations about liability, platform responsibility, and whether San Diego’s current enforcement practices are keeping up with new-age rental services.

Teen Sues After Losing Fingers in Jet Ski Accident at Mission Bay

Source: FOX 5 San Diego

A teenage girl filed a lawsuit against the Mission Bay Aquatic Center after a horrifying accident left her with multiple fingers severed. The injury occurred during a personal watercraft activity where the plaintiff claims she was given inadequate instruction and protection before operating the machine. Her legal team alleges that staff failed to warn of the risks or ensure proper handling of the watercraft, resulting in a preventable life-altering injury. This case underscores the critical importance of proper training, supervision, and the duty of aquatic centers to protect inexperienced users — especially minors.

17 People Rescued After Fishing Boat Sinks Off San Diego Coast

Source: CBS 8 San Diego

Seventeen individuals narrowly escaped tragedy after their fishing boat sank off the coast of San Diego. The vessel, which began taking on water unexpectedly, forced a frantic rescue operation as passengers clung to floating debris. While no fatalities were reported, the circumstances surrounding the boat’s failure remain under investigation and could give rise to future civil claims. Survivors have raised questions about the vessel’s maintenance and whether safety equipment was adequately provided, potentially opening the door to lawsuits based on negligence and equipment failure.

How Gershen Law Firm Proves Liability in Boating Accident Cases

At Gershen Law Firm, we understand that boating accidents often unfold in chaotic, fast-moving environments — making it challenging for victims to prove exactly what happened and who was at fault. That’s why our legal team takes a meticulous, evidence-driven approach to every case. We know that establishing liability in a cruise ship or boating injury claim is not just about telling your story — it’s about backing it up with irrefutable proof. Our firm uses a combination of advanced investigative techniques, expert consultations, and legal strategy to hold negligent parties accountable. Whether you’re facing off against a rental company, a cruise line, or a reckless boat operator, we fight to uncover the truth and secure the compensation you deserve.

Reviewing Surveillance Footage and Onboard Cameras

Many modern vessels — especially cruise ships and commercial watercraft — are equipped with surveillance systems that capture critical moments before, during, and after an accident. Our team immediately works to secure and analyze this footage to reconstruct the incident with precision. Visual evidence can reveal everything from dangerous behavior by crew members to structural hazards and unsafe navigation practices.

We leverage footage to:

• Identify negligent behavior or safety violations
  
  
• Pinpoint the exact timing and cause of the accident
  
  
• Corroborate victim testimony with visual proof

Examining Maintenance Logs and Inspection Records

Poorly maintained boats are ticking time bombs, and we know how to uncover the paper trail. Whether it’s a rental boat with faulty steering or a cruise ship with a history of electrical issues, maintenance records are a goldmine of evidence. Gershen Law Firm obtains service logs, repair records, and inspection histories to determine whether the vessel owner or operator failed to uphold their legal maintenance duties.

We review maintenance data to:

• Prove known defects were ignored or left unrepaired
  
  
• Establish a pattern of negligent upkeep
  
  
• Link mechanical failure directly to the victim’s injuries

Interviewing Witnesses and Crew Members

Eyewitness accounts are powerful, especially when they come from passengers, crew, or bystanders who observed the events firsthand. Our attorneys work quickly to interview and record witness statements while memories are fresh and untainted. These testimonies often provide valuable context that fills in gaps not captured on video or written reports.

Witness statements help us:

• Confirm negligent behavior by operators or staff
  
  
• Uncover safety violations or ignored warnings
  
  
• Establish conditions that contributed to the accident

Consulting Maritime and Boating Safety Experts

To strengthen our claims and explain complex accident dynamics, we frequently enlist expert witnesses in maritime operations, vessel engineering, and accident reconstruction. These professionals analyze the evidence and provide credible, court-admissible insights that support our case strategy. Their expertise can be the difference between a weak claim and a compelling, evidence-backed lawsuit.

Experts assist our firm in:

• Reconstructing the accident timeline and causes
  
  
• Evaluating whether safety protocols were followed
  
  
• Translating technical findings into persuasive legal arguments

Why Clients Trust Gershen Law for Boating Injury Claims

Recovering from a boating accident isn’t just about navigating the legal system — it’s about finding someone who truly understands the physical pain, emotional trauma, and financial pressure you’re under. At Gershen Law, we know that behind every injury claim is a deeply personal story. That’s why we don’t offer cookie-cutter solutions — we offer fierce, thoughtful advocacy tailored to the human beings we represent.

Attorney Michelle Gershen has built a reputation for taking on complex water-related injury cases that other firms shy away from. She doesn’t just study the facts — she digs into the details, builds trust with her clients, and fights like the outcome affects her own family. When you’re facing a powerful insurance company or negligent cruise operator, you need more than a legal technician — you need a strategic ally with heart and grit.

What sets Gershen Law apart:

• Hands-on legal care, not handoffs – Michelle works one-on-one with clients, providing direct guidance and making sure no detail is overlooked.
  
  
• In-depth investigation and storytelling – We combine legal precision with narrative clarity, turning the facts of your case into a compelling call for justice.
  
  
• Battle-tested resilience – Whether it’s going up against a corporate legal team or pushing for trial, we never settle for less than what you truly deserve.
  
  
• Compassion matched with capability – We support you beyond the courtroom, connecting you with medical experts and helping you feel whole again.

Don’t Wait — Let Gershen Law Fight for You

If you or a loved one has been injured in a boating or cruise ship accident in San Diego, the time to act is now. Evidence can disappear, witnesses’ memories fade, and insurance companies move fast to protect their interests — not yours. At Gershen Law, we’re ready to move even faster. With personalized attention, a deep understanding of maritime law, and a fierce commitment to justice, we will stand by your side from day one.

You’ve already been through enough. Let us take it from here.

Call us today for a free, no-obligation consultation — and take the first step toward healing, accountability, and real results