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Rough Seas, Rougher Ride: Lawsuit Alleges Severe Injury from Boat Sales Test Run
Case Style: Emore v. OneWater Marine Holdings, LLC et al.
Case No.: 0:25-cv-60651-DSL
Filed: February 28, 2025
Jurisdiction: Circuit Court of the 17th Judicial Circuit, Broward County, Florida
Plaintiff: James Emore (Resident of Maryland)
Defendants: OneWater Marine Holdings, LLC; OneWater Marine Inc.; Johnathan Montgomery (OneWater sales consultant)
Maryland Man Sues OneWater Marine After Allegedly Suffering Life-Altering Spinal Injury During Boat Demonstration
- On April 9, 2022, James Emore participated in a sales demo on a 2022 Parker 28′ Center Console boat, operated by OneWater employee Johnathan Montgomery.
- Despite rough sea conditions near Hillsboro Inlet, the demo proceeded.
- Emore, a novice boater, was allegedly not warned or seated safely.
- When the vessel hit high waves, Emore was thrown into the air and slammed down onto the boat deck.
Injuries & Damages:
- Burst fracture at L1 requiring fusion surgery (L1–L4) with two plates and eight screws.
- Ongoing pain, disability, reduced earning capacity.
- Claims for both economic and non-economic damages.
Key Legal Claims:
- Negligence (Counts I & II) – Against both the employer and individual operator for failure to operate the vessel safely.
- Vicarious Liability (Count III) – Employer liability under respondeat superior for employee conduct.
- Negligent Failure to Warn (Counts IV & V) – For not informing the plaintiff of rough seas or risk exposure.
- Negligent Entrustment (Count VI) – For allowing an allegedly untrained operator to helm the vessel.
- Negligent Operation (Count VII) – Additional support for the unsafe manner in which the vessel was piloted.
Applicable Laws & Regulations Cited:
- Florida Statute §327.33 – Governs reckless and careless operation of vessels.
- 33 CFR Part 83 – Inland Navigation Rules, particularly Rule 5 (lookout) and safe speed provisions.
- General Maritime Law – Duty to exercise reasonable care and warn of known dangers.
- Pennsylvania Rule – Shift in burden of proof for statutory violations resulting in injury.
Trend & Industry Implications: A Cautionary Wake-Up Call for Boat Dealerships
Recurring Legal Theme:
- Test drives or sales demonstrations at sea are increasingly drawing scrutiny under maritime and tort law.
- Similar cases have cited inadequate safety briefings and failure to assess passenger experience levels.
Industry Impact:
- Boat dealerships may face expanded legal exposure during test runs, especially when conditions are unsafe or untrained personnel are involved.
- Legal trend suggests a growing duty of care—even in informal or sales contexts—due to the severity of injuries that can occur.
Potential Defense Strategies:
- Assumption of risk by passenger.
- Comparative negligence (e.g., failure to hold on or comply with verbal instructions).
- Arguing lack of proximate cause or intervening events.
What This Means for Maritime Litigators & Boaters Alike
This lawsuit highlights the importance of:
- Thorough pre-departure safety briefings.
- Ensuring only trained, experienced personnel operate vessels during test runs.
- Recognizing that navigational rules apply just as stringently in “sales demos” as in recreational or commercial voyages.
📞 Call Today
If you or a loved one have been injured during a boat tour, sales demonstration, or test ride, consult a maritime personal injury attorney to explore your legal rights. Early legal advice can make a significant difference in your recovery and compensation.