As the waterways embrace new businesses, litigation is sure to follow. Now you can catch a water taxi or commuter ferry and get just about anywhere around the city. But, recent marine casualties demonstrate that operators of watercraft and water taxis can be lured into inattention as readily as their landlubbing counterparts.

Recently, a New York water taxi operator lost situational awareness and collided with another vessel while sending text messages on his mobile phone, see In re Fire Island Ferries, 2018 U.S. Dist. LEXIS 18599, 2018 AMC 395 (E.D.N.Y. 2018). This and similar incidents afloat are calling attention to the use of mobile phones by those operating vessels.

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