Great Falls & MontanaBoating Accident
Great Falls & Montana Boating Accident Lawyers: Boat Crashes, Jet Ski and Personal Watercraft Accidents and Boating Collisions
Boland Aarab PLLP.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
If you were hurt in a boating or jet ski accident on the Missouri River, Holter Lake, Canyon Ferry, Flathead Lake, Fort Peck or any other Montana water, you can usually recover from the operator who caused it, and Montana law also makes the boat’s owner liable for negligent operation by anyone the owner allowed to use it. Most claims must be filed within three years. Because the water often erases the evidence, the time to act is now.
Key Takeaways
- Montana prohibits operating a motorboat, sailboat with a motor or personal watercraft while under the influence of alcohol, drugs or both (§ 23-2-523(2), MCA).
- A vessel’s owner is liable for injury or damage caused by negligent operation of the vessel by someone using it with the owner’s consent (§ 23-2-505, MCA).
- Every person on a personal watercraft must wear a Coast Guard-approved life jacket (§ 23-2-531, MCA), and a motorboat or personal watercraft over 10 horsepower may not be rented to anyone under 18 (§ 23-2-523(12), MCA).
- Most injury claims must be filed within 3 years (§ 27-2-204, MCA).
On this page: Montana boating law · Boating under the influence · Owner liability · Causes · Montana waters · Rentals · Admiralty · What to do · Damages and deadlines · Why Boland Aarab · FAQ
Hurt on the water, or lost someone in a boating accident? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What Montana laws govern boat and jet ski operation?
Montana’s boating statutes, in Title 23, chapter 2, part 5 of the Montana Code, set the rules of operation, and a violation is strong evidence that an operator was negligent.
Key rules include:
- Reckless or negligent operation. A person may not operate a motorboat or manipulate water skis in a way that endangers people or property. The statute specifically prohibits weaving through congested traffic and jumping the wake of another vessel unreasonably or unnecessarily close (§ 23-2-523(1), MCA).
- Passing and right-of-way rules apply on the water as on the road (§ 23-2-524, MCA).
- Young operators. A child 12 or younger may not operate a motorboat or personal watercraft powered by more than 10 horsepower unless accompanied by someone 18 or older. A 13- or 14-year-old needs a Montana boater safety certificate or an adult on board. An owner may not allow operation in violation of these rules (§ 23-2-523(10)-(11), MCA).
- Personal watercraft. Every operator and rider must wear a Coast Guard-approved life jacket; the engine cutoff lanyard, if equipped, must be attached to the operator; and a personal watercraft must travel at no-wake speed within 200 feet of docks, swimmers, swimming rafts, nonmotorized boats and anchored vessels, with limited exceptions (§ 23-2-531, MCA).
- After an accident. An operator involved in a collision or accident must give practicable assistance to others affected and provide name, address and vessel identification in writing. An accident involving death, disappearance, injury or more than $2,000 in property damage must be reported immediately to the county sheriff or a game warden (§ 23-2-527, MCA).
What is boating under the influence in Montana?
Boating under the influence means operating a motorboat, a sailboat with a motor, or a personal watercraft, or manipulating water skis or similar devices, while under the influence of alcohol, drugs or both. It is prohibited by § 23-2-523(2), MCA.
Montana applies its driving-under-the-influence standards to boating. The boating testing statute incorporates the Title 61 definitions and testing procedures, makes evidence of any measured amount or detected presence of alcohol or drugs admissible, and allows proof that the operator refused a test (§ 23-2-535, MCA).
When an impaired operator causes an accident, the criminal and civil cases proceed separately. A conviction can help prove the civil case, but you do not need one to recover.
Is the boat owner responsible if someone else was driving?
Yes. Montana makes a vessel owner liable for injury or damage caused by the negligent operation of the vessel by someone using it with the owner’s express or implied consent (§ 23-2-505, MCA).
Consent is presumed when the vessel is operated by the owner’s spouse, parent, brother, sister, child or other immediate family member. Negligent operation includes both violating a boating statute and failing to use ordinary care. The statute does not relieve anyone else who may be liable, and it limits recovery to actual damages.
When the operator is a friend or teenager with little insurance, the owner’s policy is often the coverage that responds.
What causes most boating and jet ski accidents?
Most boating accidents are caused by operator error. Common causes include:
- Inattention and failure to keep a proper lookout, especially for swimmers, tubers, kayakers and paddleboarders.
- Excessive speed near shore, docks, swimmers and other boats.
- Alcohol and drug use.
- Jumping wakes or following too closely behind another vessel.
- Inexperience, particularly among renters and young operators.
- Towing accidents involving skiers, wakeboarders and tubers, including propeller injuries.
- Overloading and poor weather decisions, especially on large lakes where wind can build waves quickly.
- Defective boats, engines, steering or lanyard cutoff switches, which may support a product liability claim.
Montana’s cold water adds to the danger, even in summer.
Do the rules change on the Missouri River, Canyon Ferry, Flathead Lake or Fort Peck?
Montana’s boating statutes apply on all of these waters, but who manages the water, and who may be responsible, can differ from place to place.
- The Missouri River near Great Falls and Holter Lake. The Missouri is broken into reservoirs and river stretches by a series of dams. Hydroelectric dams create discharge currents, and the river below Holter Dam draws heavy fishing traffic. Montana requires boat operators to stay at least 75 feet from people fishing or hunting waterfowl, or to slow to no-wake speed when they cannot, and to stay 20 feet from marked swimming areas and 200 feet from a diver-down flag (§ 23-2-525, MCA). Personal watercraft may not be operated on waters the Fish and Wildlife Commission has restricted by rule (§ 23-2-531(4)).
- Canyon Ferry Lake, near Helena, is a federal reservoir. An accident involving federal facilities, employees or contractors can bring in the Federal Tort Claims Act, which requires a written claim to the agency within two years (28 U.S.C. § 2401(b)).
- Flathead Lake is a large, deep lake where wind can raise heavy waves. The southern half lies within the Flathead Indian Reservation, which can raise questions of tribal jurisdiction. Our attorneys are not admitted in tribal courts but can seek admission quickly when a case requires it.
- Fort Peck Lake in northeastern Montana is a large federal reservoir with remote shorelines. Emergency response can take time, and evidence can be difficult to recover.
On any of these waters, identifying every responsible party and every available insurance policy is part of the work.
What if the boat or jet ski was rented?
A rental company can be responsible for its own negligence, and Montana imposes specific duties on boat liveries.
A boat livery must keep a record of the name and address of each person who rents a vessel, and may not let a vessel leave its premises unless it carries the equipment required by law (§ 23-2-503, MCA). No one may rent a motorboat or personal watercraft powered by more than 10 horsepower to a person under 18 (§ 23-2-523(12), MCA). A rental company may also be negligent if it fails to maintain its equipment, fails to instruct a first-time renter, or rents to someone who is visibly impaired.
Most rental companies require customers to sign a release. Montana’s recreation statute allows a written release for ordinary negligence and inherent risks only if it states the known inherent risks and contains a specific bold-faced warning about waiving the right to a jury trial, and any release may still be challenged on any legal ground (§ 27-1-753(3), MCA). The statute also does not apply to claims based on the design, manufacture, provision or maintenance of recreational equipment (§ 27-1-753(4)). We review the release itself and how the injury happened.
Does federal admiralty law apply on Montana waters?
Sometimes, but often not. Whether federal admiralty jurisdiction applies depends on the specific body of water and the activity involved, and it is an issue we evaluate case by case.
Federal district courts have jurisdiction over civil cases of admiralty or maritime jurisdiction (28 U.S.C. § 1333). Admiralty generally requires an accident on waters that are navigable in the sense that they are usable as highways of interstate or foreign commerce. Many Montana lakes and reservoirs do not meet that test.
The leading Montana example is Adams v. Montana Power Co., in which a man drowned when a small boat capsized in the discharge below Hauser Dam on the Missouri River. The Ninth Circuit held that there was no admiralty jurisdiction. Although the Missouri is navigable for other federal purposes, the dams completely obstructed that stretch of river, and the only commerce on it was recreational boating and fishing (528 F.2d 437 (9th Cir. 1975)).
Why it matters: if admiralty law applies, federal maritime rules on fault, deadlines and a vessel owner’s ability to seek to limit liability can differ from Montana law. On most Montana lakes and dammed river stretches, Montana law is likely to govern, but the answer depends on the specific water and facts.
What should you do after a boating accident?
- Get medical care. Near-drowning, head injuries and propeller wounds need immediate attention.
- Report the accident to the county sheriff or a game warden.
- Get the names of the operator, owner, passengers and witnesses, and the vessels’ registration numbers.
- Photograph the boats, the damage and your injuries, and save phone video and rental records.
- Preserve the boat or personal watercraft. Do not let it be repaired or sold before inspection.
- Do not give a recorded statement to an insurer before talking with a lawyer.
What can you recover, and how long do you have?
Montana law allows recovery for the full harm a boating accident causes, including past and future medical care, lost earnings and earning capacity, pain and suffering, and loss of the established course of life. When an accident takes a life, the family may bring wrongful death and survival claims (§§ 27-1-513, 27-1-501, MCA). Boating accidents can cause traumatic brain injuries, spinal cord injuries and amputations.
Your recovery is reduced by your share of fault and is barred only if that share is greater than the combined fault of the defendants (§ 27-1-702, MCA).
Deadlines:
- 3 years to file most injury and wrongful-death claims under Montana law (§ 27-2-204, MCA).
- Claims against the United States, such as those involving a federal reservoir facility or employee, must be presented within 2 years (28 U.S.C. § 2401(b)).
- Claims against the State, a county or a city require written presentation first (§ 2-9-301, MCA).
- If admiralty law applies, different federal deadlines and procedures may apply.
The Boland Aarab Way
We are trial lawyers, and we prepare every case as if it will be tried and then appealed. Boating cases often turn on jurisdiction, ownership and coverage, and we address them from the first day.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137 (case summary).
- We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom. See our results.
- We know federal and appellate court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit. The Boland Aarab appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do we handle boating accident cases?
Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle boating and jet ski accident cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle ATV and UTV accident, ski and snowboard accident and product liability cases.
Where do we handle boating accident cases?
We are based at 18 6th Street North, Suite 200, in Great Falls, and handle boating accident cases across Montana. Our attorneys travel for depositions, hearings and trial. For local information, see our pages for Billings boating accident lawyers, Missoula boating accident lawyers, Helena boating accident lawyers, Bozeman boating accident lawyers, Butte boating accident lawyers, Kalispell boating accident lawyers and Havre boating accident lawyers.
Frequently Asked Questions
Is it illegal to drink and drive a boat in Montana? Yes. Montana prohibits operating a motorboat, a sailboat with a motor or a personal watercraft while under the influence of alcohol, drugs or both (§ 23-2-523(2), MCA), and it applies its DUI testing standards to boating (§ 23-2-535, MCA).
Is the boat owner liable if a friend was driving? Generally yes, if the friend was using the boat with the owner’s consent and operated it negligently (§ 23-2-505, MCA). Consent is presumed for immediate family members.
How old do you have to be to drive a jet ski in Montana? A child 12 or younger may not operate a personal watercraft over 10 horsepower without someone 18 or older on board, and a 13- or 14-year-old needs a boater safety certificate or an adult on board (§ 23-2-523(10), MCA). Rentals of such craft to anyone under 18 are prohibited.
Do I have to wear a life jacket on a jet ski in Montana? Yes. Every operator and rider on a personal watercraft must wear a Coast Guard-approved life jacket (§ 23-2-531, MCA).
I signed a waiver when I rented the boat. Can I still bring a claim? Possibly. A release must meet specific statutory requirements, may be challenged on any legal ground, and does not apply to claims based on the provision or maintenance of equipment (§ 27-1-753, MCA).
Does maritime law apply to boating accidents in Montana? Usually not on Montana’s dammed rivers and inland lakes (Adams v. Montana Power Co.), but the answer depends on the specific water.
Do I have to report a boating accident in Montana? Yes, if it involves death, disappearance, injury or more than $2,000 in property damage. It must be reported immediately to the county sheriff or a game warden (§ 23-2-527, MCA).
How long do I have to file a boating accident lawsuit in Montana? Generally 3 years under Montana law (§ 27-2-204, MCA). Claims against the United States or a Montana government entity have separate notice requirements, and admiralty cases may follow different rules.
Talk to a Great Falls Boating Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Sources: § 23-2-503, MCA · § 23-2-505, MCA · § 23-2-523, MCA · § 23-2-524, MCA · § 23-2-525, MCA · § 23-2-527, MCA · § 23-2-531, MCA · § 23-2-535, MCA · § 27-1-753, MCA · § 27-1-702, MCA · § 27-2-204, MCA · § 2-9-301, MCA · 28 U.S.C. § 1333 · 28 U.S.C. § 2401(b) · Adams v. Montana Power Co., 528 F.2d 437 (9th Cir. 1975)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
