A fishing-charter passenger falls while the crew brings a fish aboard. The deck is wet, a line lies nearby, and the vessel has just changed direction. Each fact may matter, but the investigation must identify what caused the person to lose footing and what the crew knew or did before the fall.
Preserve the trip and the exact place on deck
Save the booking confirmation, payment record, charter terms, vessel name and registration, operator’s identity, passenger list, and departure point. Record the location and time of the injury, whether the vessel was moving, and what activity was underway. An injury on the dock, during boarding, or aboard the vessel may raise different questions.
Once assistance and necessary safety measures are addressed, photograph the area from the passenger’s approach. Include the deck surface, drainage, handholds, steps, fittings, lines, bait, coolers, and nearby work. Note anything moved during rescue or cleanup. A later photograph of a clear deck needs that explanation.
Scroll horizontally to see all columns. Use the arrow keys when the table is focused.
| Issue | Useful material | Question to resolve |
|---|---|---|
| Deck condition | Original photographs, cleaning records, maintenance notes, and passenger video. | What was at the fall location before cleanup, and how did it get there? |
| Vessel movement | Available navigation records, video, weather observations, and accounts from the operator. | Was there a maneuver or wake at the relevant time, and why? |
| Crew instructions | Safety briefing materials, messages, recordings, and individual witness accounts. | Where were passengers told to stand or move during the activity? |
| Knowledge of the condition | Earlier photographs, complaints, repair requests, and crew observations. | Was the condition created, noticed, or reported before the injury? |
| Injury and response | Incident report, assistance records, medical history, and treatment records. | How did the fall occur, what symptoms followed, and what response was provided? |
Navigation equipment may help with timing or movement, but a track does not necessarily record a passenger’s fall or every sudden motion. Preserve the device settings and original export. Ask witnesses for separate accounts of what they saw before discussing a shared explanation.
Check the guide’s credentials against the actual trip
The Coast Guard’s charter-captain guidance describes the operator-of-uninspected-passenger-vessels credential commonly used for small charters carrying six or fewer passengers for hire. It also describes master credentials for inspected passenger vessels. Passenger count, vessel characteristics, route, and credential restrictions need to be matched to this operation.
Louisiana R.S. 56:302.9 requires saltwater charter guides to hold the state guide license, a Coast Guard captain’s license, commercial marine insurance, and the appropriate recreational fishing license. Freshwater guides also need the state guide license, insurance, and appropriate fishing license.
A 2026 change adds an important freshwater requirement. Act 937, effective August 1, 2026, expressly requires a freshwater charter guide operating on waters of the United States located in Louisiana to possess a valid Coast Guard captain’s license. The waterway and incident date must therefore be checked. The older displayed statutory text should be read with that amendment.
A license establishes a qualification; it does not prove that every maneuver or deck practice was reasonable. Likewise, a licensing concern must be evaluated alongside the conduct and condition that allegedly caused the injury.
Determine the governing law before assigning a duty
A charter departing Louisiana may involve maritime law. In Kermarec v. Compagnie Generale Transatlantique, the Supreme Court described a shipowner’s maritime duty of reasonable care under the circumstances toward people lawfully aboard for purposes consistent with the owner’s legitimate interests.
Applying that framework requires the vessel, waterway, activity, and parties. A wet deck is not a complete explanation of liability. The investigation may need to distinguish an ordinary condition of the voyage from an obstructed passage, damaged fitting, inadequate instruction, or particular maneuver. Identify the evidence supporting each explanation and the crew’s opportunity to address the condition.
Keep the full charter agreement and any booking terms. Have the governing law, contractual provisions, reporting obligations, and deadlines reviewed promptly rather than applying a road-crash or premises rule automatically.
Obtain the commercial insurance record
Identify the vessel owner, charter business, captain, and any booking intermediary separately. Request the relevant policy information, including named insureds, covered vessel, dates, and endorsements. The existence of required commercial marine insurance does not answer whether a particular policy covers every party or loss.
Our guide to steps after a boat accident addresses preservation and reporting, while our boating safety guide discusses preparation and operation. Babcock Injury Lawyers’ Baton Rouge boat accident practice reviews charter, vessel, and injury records together.
Editorial & Legal Accuracy Notice (Louisiana)
Sources checked: September 30, 2026.
The governing law, operator duty, coverage, and causation depend on the vessel, waterway, agreement, incident date, and facts.