Florida Boat Owners Seek Limitation of Liability After Passenger Injured Jumping from 37’ Axopar in Lake Worth Lagoon
Two Florida boat owners, William Lynam and Justin Burns, have filed a petition for exoneration from or limitation of liability in the U.S. District Court for the Southern District of Florida. The maritime action, Case No. 9:25-cv-81340-DMM, seeks to limit their financial liability under the federal Limitation of Liability Act following an incident that occurred on April 13, 2025, aboard their recreational vessel, Rowdy One, a 2024 37-foot Axopar with twin Mercury 350hp engines.
Petition Filed Under Federal Maritime Law After Charter Guest Injured Jumping Overboard in Lake Worth Lagoon
According to the petition, the incident occurred during a one-day bareboat charter operated out of Currie Park in West Palm Beach, Florida. The charter was arranged by a passenger identified as Maxwell Hartzman, who hired a licensed captain, Zachary McKinney, to operate the Rowdy One for the day.
During the recreational voyage in Lake Worth Lagoon, Hartzman allegedly voluntarily jumped off the vessel while it was under way. The petition asserts that this incident occurred while the vessel was being operated safely and without negligence by the owners or the licensed captain.
Owners Claim No Fault, Seek Exoneration or Limitation of Liability to $363,000 Vessel Value
Lynam and Burns are seeking relief under the Limitation of Liability Act, 46 U.S.C. § 30501 et seq., which allows vessel owners to limit liability to the post-incident value of the vessel—$363,000, according to the petition. A Letter of Undertaking from the vessel’s insurer in that amount has been deposited with the court as required by Supplemental Admiralty Rule F.
The boat owners maintain that:
- The Rowdy One was seaworthy and properly maintained at the time of the incident
- The incident was not caused by their fault, neglect, or knowledge
- The captain, not the owners, had operational control of the vessel during the charter
- The owners were not aware of any danger or unsafe conditions
The petition explicitly denies any liability but seeks, in the alternative, to cap liability at the value of the vessel if the court determines any fault was involved.
Bareboat Charter with Licensed Captain Places Operational Responsibility on Charterer
The legal filing emphasizes that the voyage was a bareboat charter, meaning the charterer—Hartzman—assumed full responsibility for crewing and operating the vessel. The captain was not employed by the vessel owners but rather hired directly by the charterer, which under maritime law may absolve the owners of liability for the crew’s actions during the trip.
The owners argue the Rowdy One does not qualify as a “small passenger vessel” under federal statutes because it carried fewer than 12 paying passengers and was not operated as a commercial tour or excursion boat.
Maritime Limitation Actions Allow Owners to Cap Liability for Onboard Incidents
The Limitation of Liability Act provides vessel owners a powerful legal tool to shield personal assets from large claims arising out of maritime accidents, so long as the incident occurred without their privity or knowledge. In such cases, courts may limit damages to the post-incident value of the vessel and any pending freight.
If granted, this petition could significantly limit or eliminate any recovery by the injured passenger for injuries allegedly sustained after jumping into navigable waters during the April 13, 2025 voyage.
Injured Boat Passengers May Still Have Legal Rights Despite Limitation Petitions
While vessel owners may seek limitation under federal maritime law, passengers injured during boating incidents still have the right to file claims in the limitation action. Claimants must respond within court-imposed deadlines to preserve their rights and challenge the owners’ assertions of due diligence and lack of fault.
If you were injured aboard a recreational charter boat, excursion vessel, or private yacht, you may be entitled to compensation—especially if negligence, unsafe operation, or equipment failure contributed to the incident.
Contact us now to speak with a maritime injury attorney about your rights.
Disclaimer:
Our firm does not represent the petitioners or any party 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.
