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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Boating Accidents

I am teaching a particularly bright group of young law students at Florida Coastal School of Law this year. Recently we dicussed my earlier article "Coast Guard, Jurisdictional Creep, and Puzzle Lake" and I asked them how they would prove that a particular body of water was non-navigable. Their answers were remarkably good.

1. Hire a Coast Guard licensed Captain as a marine navigation expert. He could testify that the waterway was not practically usable as a significant means of conducting commercial maritime activities.

2. Hire an hydrologist. He could testify whether the lake was "tidal" and whether "in its customary condition" it was capable of supporting maritime commerce.

3. Hire a naval architect. He (or she, since my favorite naval architect is a woman) could testify that traditional vessels could not navigate the body of water in commercial activity.

4. Hire a Florida FWC officer. He could testify whether the body of water was a significant artery of maritime commerce.

5. Hire an historian. He cold testify that the body of water had not historically been used as an artery of maritime commerce.

Not bad for a bunch of students who had never practiced law. One other thing. Make the trip between the lake and the next closest body of water in an airboat, car, or marsh buggy, and capture it on videotape. A picture may be worth a thousand words. A videotape is worth a million