Articles Posted in Boating Accidents

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kayakKayaking can be a great source of fun and entertainment. Whether you do it alone or with a group, it is supposed to be an enjoyable experience. Unfortunately, there are times when a kayaking adventure can turn into a nightmare if something goes wrong. If you or someone close to you has been hurt in a kayaking accident, you may be able to seek compensation from the at-fault party. These cases are highly fact-intensive, so it is important to seek the help of a skilled Miami attorney who can thoroughly examine what happened in your case.

The Outdoor Foundation estimates there are about 10.3 million Americans who participate in kayaking at least once each year. The majority of these kayakers, approximately 8.1 million, participate in the activity recreationally, while 2.4 million partake in sea/tour kayaking, and 1.9 million are involved in whitewater kayaking.

Kayaking injuries can take place in a number of ways, including a kayak overturning or colliding head-on with another vessel in the water. Other risk factors for kayakers include a lack of familiarity with the water, an inadequate skill level, no spare paddle, poorly maintained equipment, high water, and changing weather conditions.

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white water raft White water rafting can be great fun and provide an adrenaline rush. While the activity is undoubtedly fun, it can also be dangerous. If you or someone close to you has been injured in a white water rafting accident, it is important to reach out to a skilled Miami injury attorney who can assess the facts of your case.

American Whitewater reports that on average, there are 6-10 white water rafting deaths for every 2.5 million user days on guided rafting trips. Put another way, there is one death for every 250,000 to 400,000 “person visits” for whitewater rafting. Additionally, about 30 percent of those deaths are a result of heart conditions or heart attacks.

In many cases, you will be barred from taking legal action against the defendant because you will have signed a waiver that prevents liability. Courts will typically enforce these waivers, provided they are valid.

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carnivalIn Cordani v. NCL (Bahamas) Ltd., William Cordani’s estate brought a wrongful death claim against NCL (Bahamas) Ltd., a cruise company and its medical team. The lawsuit was filed after Cordani died due to sickness while on a cruise ship. Cordani’s estate brought a multiple-count complaint against the cruise company as well as the health care providers who tended to Cordani. As a reply to these claims, NCL filed a motion to dismiss the estate’s general negligence claims, negligent hiring and/or retention claims, and vicarious liability claims grounded on joint venture.

A court may grant a motion to dismiss a claim if there is a “failure to state a claim upon which relief can be granted.” In other words, to survive a motion to dismiss, a complaint must state enough facts to constitute a claim for which relief would be possible on its face. This happens when a plaintiff pleads facts that permit the court to infer that the defendant is liable for the wrongdoing that is claimed. A motion to dismiss must be construed in the light most favorable to the plaintiff.

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cruise shipIn Pettit v. Carnival Corp., the plaintiff was a passenger on a Carnival Breeze ship when she was hurt in a slip and fall accident. The incident took place on September 24, 2013. Before embarking on the ship, the plaintiff completed a standard Guest Ticket Contract Acknowledgment, agreeing to the clause that any future personal injury claims would be filed within one year in the Southern District of Florida. Specifically, the contract stated that any personal injury claim “shall not be maintainable unless filed within one year after the date of injury.”

On September 12, 2014, 12 days prior to the one-year time limit of the statute of limitations, the plaintiff filed a lawsuit in the state court for Miami-Dade County, Florida. Additionally, the plaintiff did not serve the cruise company until November 2014. On December 1, 2014, Carnival filed a motion to dismiss the lawsuit based on the terms of the contact. Approximately two weeks later, the plaintiff filed her claim in federal court in Miami, Florida. Carnival responded by requesting the court grant its motion for summary judgment on the basis of the expired statute of limitations.

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boatThe beautiful Florida weather lends itself to many outdoor activities including many water sports like boating, jet skiing, and tubing. Due to the lakes, rivers and coastline in Florida, people can be seen outside enjoying the open air. Unfortunately, these outdoor activities also mean that boating accidents are quite common. In 2008, Florida ranked #1 among all states for boating accidents according to the Florida Fish Wildlife Conservation Committee. If you or someone you know has been injured or killed in a boating accident, the Law Offices of Robert Dixon can help.

Boating accidents can be just as traumatizing as any other accident. Often, victims are left to deal with devastating, lifelong injuries. In the worst accidents, victims lose their lives. The applicable statute of limitations for boating accidents can be complicated, which is why it is best to consult an experienced attorney who is knowledgeable about the specific laws that apply to these types of accidents.

Boating accidents can occur for a number of reasons, some of which include:

  • Driver inattention
  • Ineffective or poor steering
  • Driver inexperience
  • Excessive speeding
  • Operating the boat under the influence of drugs or alcohol
  • Slip and fall accidents

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