Updated: July 12, 2026 · 12 min read
Brianna's Law is a New York State law. It requires every motorized vessel operator, including personal watercraft riders, to finish a state-approved boating safety course and carry a valid certificate. As of January 1, 2025, the rule applies to every operator no matter their age. Operating without a certificate brings fines of up to $250.
The law changed New York's Navigation Law through Senate Bill S.5685, signed by Governor Andrew Cuomo in 2019. It phased in over five years and is now fully in effect. If you run a motorboat or a Jet Ski on New York waters, you need a safe boating certificate. And if someone who didn't have one hurt you, that violation may matter to your injury claim.
Who Was Brianna Lieneck? The Story Behind the Law
The law is named for Brianna Lieneck, an 11-year-old girl from Deer Park on Long Island. In August 2005, Brianna and her family were on their boat in the Great South Bay when another vessel struck them. Brianna was killed.
The boat that hit the Lieneck family was run by men returning from a company party on Fire Island. After the collision, they were lost in the bay for roughly two hours. Alcohol was present, but boating-while-intoxicated charges did not stick. The operator's blood alcohol was not tested until about six hours after the crash. That was far too late to show his level at the time of impact.
That gap became part of the case for change. Brianna's mother, Gina Lieneck, spent the next fourteen years pushing for mandatory boater education in New York. Her work paid off in 2019 when the law bearing her daughter's name was signed. Brianna's Law rests on a simple idea. Trained operators cause fewer tragedies, and education is the most direct way to reach the operators who would otherwise never learn the rules of the water.
What Brianna's Law Requires (Key Provisions)
Most people who search for Brianna's Law want a fast answer to one question: what do I actually have to do? Here are the core requirements.
Who must comply. Anyone running a mechanically propelled vessel on New York's navigable waters must hold a valid New York Safe Boating Certificate. The same goes for the tidal waters of Nassau and Suffolk Counties. This includes personal watercraft such as Jet Skis and WaveRunners. Operators must be at least 10 years old.
Who is exempt. A narrow group is exempt. That group includes certified boating instructors, members of the U.S. Power Squadrons and the Coast Guard Auxiliary, licensed public vessel operators, on-duty law enforcement and emergency personnel, and people already licensed by the U.S. or Canadian Coast Guard. Ordinary recreational boaters are not exempt.
Non-motorized vessels are excluded. Canoes, kayaks, and non-motorized sailboats fall outside the law. If there is no motor, the certificate requirement does not apply.
What counts as a valid course. The course must be state-approved and runs at least eight hours. Both in-person and approved online formats are accepted. Online courses must confirm that the student is present and attentive throughout. Once you finish the course, you receive a certificate.
Certificate details. The certificate is good for life. There is no annual renewal. It must be non-alterable, and you must carry it physically while operating the vessel. A temporary certificate is valid for 90 days while the permanent one arrives by mail.
Out-of-state boaters. New York recognizes out-of-state certificates only if the National Association of State Boating Law Administrators (NASBLA) approved them. The grace period that once let visitors operate without a New York-recognized certificate has expired.
Penalties. A first offense carries a fine of $100 to $250. Repeat violations bring higher fines and possible jail time, and a vessel can be impounded in serious cases. If operating without certification helped cause an accident, criminal charges become possible.
For the official rules and the list of approved courses, see the New York State Parks boating education page.
New York Boating Accidents: The Safety Case for the Law
New York is a major boating state. There were 430,569 registered recreational and commercial boats in New York in 2023. With that many vessels on the water, the safety stakes are real.
In 2023, New York recorded 105 boating accidents. Those included 17 fatal accidents that caused 18 deaths and 40 injuries. Over the longer run, the state averaged roughly 23 boating deaths a year between 2010 and 2023. Drowning is the leading cause of those deaths.
One figure points straight at the problem Brianna's Law was written to solve. In 2023, 100 percent of the operators in fatal New York boating accidents had no formal boater education, or their education status was unknown. Untrained operators show up far too often in the worst outcomes. That is exactly the pattern a mandatory education law is built to break.
If You Were Injured in a Boating Accident: What Brianna's Law Means for Your Claim
A safety law does more than set rules for boaters. When someone breaks that law and hurts another person, the violation can become part of the injured person's case. Were you or a family member hurt in a New York boating accident, especially one involving an operator without a safety certificate? Here is how Brianna's Law can affect your right to recover.
Uncertified Operators and Negligence
When an operator who is legally required to hold a safe boating certificate causes an accident without one, that operator has broken a specific New York statute. That violation can be used as evidence of negligence in a personal injury lawsuit. Negligence means a failure to use reasonable care.
In some cases, lawyers argue what is called negligence per se. The idea is that when a person breaks a safety statute meant to prevent the exact kind of harm that happened, the violation itself may establish negligence. The injured person would not have to separately prove the operator acted unreasonably. This argument does not make an uncertified operator automatically liable. Whether it applies depends on the facts of the case, and the link between the missing training and the accident still has to be built through discovery. But it can be a meaningful part of the picture.
Insurance Coverage Complications
A boating insurance policy may deny coverage when the at-fault operator was not certified as the law required. Coverage outcomes turn on the language of the individual policy, so this is not automatic. But when an insurer does deny coverage, the effect is significant. The injured person may have to pursue the operator personally, or look to other responsible parties.
A rental company is one such party. A business that rents a powerboat or personal watercraft to an operator who lacks the required certification may share liability for an accident that follows. That is one reason a lawyer matters more, not less, when certification is in question. The path to compensation can run through several defendants rather than a single insurance policy.
Damages You Can Recover
An injured person in a New York boating accident case may be able to recover several kinds of damages. Damages are the money paid to make up for your losses. They can include:
- Medical expenses, both past and future
- Lost wages, including lost future earning capacity if the injury causes a permanent disability
- Pain and suffering, meaning physical and emotional distress
- Punitive damages in cases of gross recklessness, such as an intoxicated operator running a vessel without certification
What any case is worth depends on how severe the injuries are, the long-term effects, and the conduct involved.
New York's Pure Comparative Negligence Rule
New York follows pure comparative negligence under CPLR Article 14-A. Under this rule, an injured person can recover compensation even if they were partly at fault for the accident. The recovery is reduced by the injured person's share of fault rather than barred entirely.
Here is an example. If a jury finds an operator 70 percent responsible and an injured passenger 30 percent responsible, the passenger can still recover 70 percent of the full damages. Being partly at fault does not end your claim in New York.
Statute of Limitations
Time limits are strict. The statute of limitations is the deadline to file your lawsuit. In general, an injured person has three years from the date of the accident to file a personal injury lawsuit under CPLR § 214. Wrongful death claims carry a shorter window, two years from the date of death.
A different and much shorter deadline can apply when a government entity is involved, such as an accident with a public ferry. Claims against a municipality generally require a formal notice of claim within 90 days under General Municipal Law § 50-e. There is also a practical reason to act early. Evidence on the water disappears fast. There are no skid marks and rarely any surveillance footage, so witness memories and physical evidence are often all you have.
What to Do After a Boating Accident in New York
The steps you take in the hours and days after a boating accident can shape both your recovery and any future claim.
First, get to safety and seek medical attention right away, even if your injuries seem minor. Some serious injuries are not obvious at first.
Report the accident. New York's Navigation Law requires operators to report accidents that involve a death, a disappearance, or an injury that needs medical treatment beyond first aid. Make sure the accident reaches the proper authorities.
Document everything you can. Take photos and video of both vessels, any visible injuries, and the weather and visibility at the time. Note vessel registration numbers if you can see them.
Gather witness information from passengers, nearby boaters, and dock staff. On the water, a single bystander can be the difference between a clear account and a contested one.
Get the law enforcement report number from the responding officers. That way you or your attorney can obtain a copy later.
Do not give a recorded statement to an insurance adjuster before you speak with an attorney. Early statements can be used to shrink a claim, and you do not have to give one on the spot.
Finally, contact a personal injury attorney as soon as you can. Boating-accident evidence fades quickly, so the sooner the investigation begins, the better.
Common Questions About Brianna's Law
Does Brianna's Law apply to jet skis and personal watercraft?
Yes. Personal watercraft such as Jet Skis and WaveRunners are mechanically propelled vessels. Their operators must hold a valid New York Safe Boating Certificate just like motorboat operators.
What happens if I operate a boat without a safety certificate in New York?
Operating without the required certificate is a violation. A first offense carries a fine of $100 to $250. Repeat offenses can bring higher fines and possible jail time. If the violation helped cause an accident, criminal charges become possible.
Do I need to take a new course if I already have an out-of-state boating certificate?
Not necessarily. New York recognizes out-of-state certificates approved by the National Association of State Boating Law Administrators (NASBLA). If your certificate is NASBLA-approved, New York honors it. If it is not, you will need a New York-recognized certificate.
Is the boating safety course required every year, or is it a one-time requirement?
It is a one-time requirement. The New York Safe Boating Certificate is good for life and does not need yearly renewal. You must, however, carry the certificate while operating the vessel.
Can I take the Brianna's Law course online?
Yes. New York accepts both in-person and state-approved online courses. The course runs at least eight hours, and online formats must confirm that the student is present and attentive throughout.
Can I sue if I was injured by a boat operator who wasn't certified under Brianna's Law?
Yes. An operator's failure to hold a required safety certificate can be used as evidence of negligence in a personal injury lawsuit. In some cases it can support a negligence per se argument. Whether and how it applies depends on the facts, which is why having an attorney review your case matters.
What is the statute of limitations for a boating accident lawsuit in New York?
In general, three years from the date of the accident for a personal injury claim under CPLR § 214, and two years from the date of death for a wrongful death claim under EPTL § 5-4.1. Claims against a municipality may require a notice of claim within 90 days, so deadlines can be much shorter when a government entity is involved.
Who is exempt from Brianna's Law in New York?
Exemptions are limited. They include certified boating instructors, U.S. Power Squadrons and Coast Guard Auxiliary members, licensed public vessel operators, on-duty law enforcement and emergency personnel, and people licensed by the U.S. or Canadian Coast Guard. Ordinary recreational boaters are not exempt.
This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.
Sources & Official Resources
New York Laws Cited
- Navigation Law § S.5685 — Brianna's Law (Boating Safety Certificate Requirement)
- CPLR § 214 — Statute of Limitations: Personal Injury (Three Years)
- CPLR Article 14-A — Comparative Negligence
- CPLR § 1411 — Damages Recoverable Under Comparative Fault
- EPTL § 5-4.1 — Wrongful Death Statute of Limitations (Two Years)
- General Municipal Law § 50-E — Notice of Claim (90-Day Requirement)
- Navigation Law § 47-B — Boating Accident Reporting Requirements
Statistics Sources 8. USCG 2023 Recreational Boating Statistics — New York State Data
Helpful Resources 9. NYS Parks — Boating Education (Approved Courses, Certificate Info)
Contact The Orlow Firm
Were you or a loved one injured in a boating accident, especially one involving an operator who was not certified under Brianna's Law? Understanding your legal options is an important first step. These cases can involve denied insurance coverage, several responsible parties, and evidence that disappears quickly, which makes early legal guidance valuable. The Orlow Firm has helped injured people and their families throughout Queens and New York City for over 40 years.
Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we win.
The Following People Contributed to This Page
Adam Moses Orlow joined The Orlow Firm after graduating from Yeshiva University's Benjamin N. Cardozo School of Law and has since become an integral part of the firm's success. Following in his... Read More
