Boat Club Owners File Federal Petition to Limit Liability After Passenger’s Hand Injured on M/V Titan Near Palm Beach Inlet
Freedom Adventures Holdings, LLC and Freedom Adventures, LLC have filed a Petition for Exoneration From or Limitation of Liability in the U.S. District Court for the Southern District of Florida. The filing, made under Case No. 9:25-cv-81365-DSL, arises from a July 4, 2024, boating incident near the Palm Beach Inlet in which passenger Marcos Silva allegedly suffered serious finger injuries aboard the M/V Titan, a 2023 Aquasport 220 Center Console vessel.
Petition Seeks to Limit Owners’ Liability After Boat Club Member Injured by Engine on M/V Titan
According to the petition, on July 4, 2024, the M/V Titan was under the exclusive use of a Freedom Boat Club member during a same-day recreational voyage departing from Riviera Beach. While operating in navigable waters near the Palm Beach Inlet, one of the vessel’s occupants, Marcos Silva, allegedly suffered injuries when his fingers came into contact with the boat’s engine.
The vessel’s owners, Freedom Adventures Holdings (as titled owner) and Freedom Adventures, LLC (as owner pro hac vice under a bareboat charter), argue that the incident was not caused by any negligence or unseaworthiness attributable to them. The vessel, they allege, sustained no damage and was properly maintained, manned, and equipped at all times.
Boat Club Owners File Petition Under the Shipowners’ Limitation of Liability Act to Cap Exposure at $41,094
The filing invokes the Limitation of Liability Act (46 U.S.C. § 30501 et seq.), a federal maritime statute that allows vessel owners to limit their liability for maritime incidents to the value of the vessel after the incident—provided the loss was not caused by their fault or knowledge.
Freedom Adventures contends that they exercised due diligence in ensuring the vessel was seaworthy and that the incident occurred while the boat was under the exclusive control of the club member, not under any crew provided or specified by the owners. They list the post-incident value of the Titan as $41,094 and have filed an ad interim stipulation reflecting that amount as security for claims.
Incident Already Subject of State Court Lawsuit by Injured Passenger Against Multiple Parties
The petitioners note that the underlying injury claim is already the subject of a lawsuit in Palm Beach County Circuit Court: Silva v. Mercury Marine, Twin Vee, Freedom Boat Club, Freedom Adventures Holdings, LLC, and others (Case No. 50-2025-CA-009510). The state suit includes claims against various entities allegedly involved in the boat’s manufacture, operation, and rental. The federal limitation action, now filed in admiralty court, seeks to halt that proceeding and consolidate all claims in the limitation forum.
The vessel owners are requesting the court to issue a monition (notice) to all potential claimants and to enjoin any other lawsuits from proceeding, pending the outcome of the limitation case. If the court determines the owners are not at fault, they could be exonerated. If found liable, their exposure could be capped at the declared vessel value, provided they lacked privity or knowledge of the conditions causing the incident.
Vessel Identified as 2023 Aquasport 220; Owners Deny Fault and Seek Protection from Further Litigation
The Titan, a 2023 Aquasport 220 Center Console, was allegedly on a same-day voyage with three occupants and was not carrying passengers for hire. Petitioners maintain that the vessel was not operated as a commercial ferry, was not crewed or directed by them at the time, and was properly inspected and maintained in accordance with applicable standards. They also assert the vessel was not a “covered small passenger vessel” under U.S. maritime law.
The petition includes four counts—two seeking exoneration from liability and two seeking limitation of liability, each on behalf of Freedom Adventures Holdings and Freedom Adventures, LLC respectively.
Injured in a Boating Accident in Florida? Understand Your Rights When Vessel Owners File for Limitation
Boating injuries in Florida waters can quickly become complex when vessel owners file for limitation of liability in federal court. Injured passengers and their families should be aware that limitation petitions can severely restrict recovery unless fault or knowledge is proven. If you or someone you know has suffered injury aboard a recreational or chartered vessel, consult a maritime attorney immediately to preserve your rights and challenge the limitation.
Contact us now to speak with a Florida maritime injury and limitation of liability attorney.
Disclaimer: Our firm does not represent the petitioners or claimants in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
