Yes, you can pursue financial recovery if you were injured by an impaired boater. Boating under the influence (BUI) violates Fla. Stat. § 327.35 and establishes clear evidence of negligence. Even if you were a passenger on the vessel, your claim remains viable under Florida's modified comparative fault statute, Fla. Stat. § 768.81, as long as your own responsibility does not exceed 50 percent. When an operator exhibits gross impairment, claims for punitive damages may also be evaluated under Fla. Stat. § 768.72. Jeffrey S. Altman and The Altman Law Firm scrutinize FWC investigation reports and toxicology findings to hold impaired operators accountable.
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