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To date, the focus of research into risks and safety in whale watching has tended to be on the safety of the whales (or dolphins/porpoises). This paper explores the issue from the human side of the interaction and considers boat-based whale-watching passenger safety by reviewing evidence from available legal case records and legislation in Australia to better understand the risks and injuries that can occur to people in these marine wildlife tourism scenarios. A review of two legal cases and observations from media reports of whale watching incidents in other jurisdictions revealed that waves and associated violent vessel movement are responsible for serious injuries to passengers. Where there was a failure to keep a proper lookout for waves and safely adapt to changing sea conditions operators have been found negligent. Legal challenges have also been successful in cases involving inaccurate and misleading promotion and communication about the nature of the tour and associated risks, and where passengers had not received adequate safety briefings. Furthermore, signed waivers which sought to protect the tour operator from responsibilities for injuries sustained aboard were not sufficient to absolve operators from liability. Given the different cultures, languages and physical capabilities of a diverse range of international tourists interested in whale watching it is recommended that promotional materials, safety briefings and safety communications (such as warning signs) be communicated by widely used and understood symbols and in multiple languages. In addition, some screening of passengers to ascertain preexisting medical conditions and to assess their ability to participate in the voyage safely, and with understanding of safety instructions, should be undertaken prior to a vessel leaving the dock. Templates to assist operators with their responsibilities are now available from the Australian Maritime Safety Authority.