South Florida Injury Lawyer Blawg
The state of Florida is known for many things, one of the most notable being the oceans and beaches it offers. Boating is a popular activity in the state. And while it can be great fun, boating accidents can lead to devastating, even deadly injuries. If you have been injured in a boating accident, you need to reach out to a seasoned Miami boat accident attorney who can help you pursue the level of compensation you need to move on with your life.
Statistically, Florida ranks No. 1 nationally for the number of boating accidents and fatalities, numbers that have consistently increased since 2000, and this past year was no exception. According to a recent report by the Florida Fish and Wildlife Conservation Commission, Florida recorded 766 boating accidents in 2017, a 7.3 percent increase from the prior year. In addition, the 67 boating-related deaths matched the total from 2016. The report notes that people falling overboard has been the most common type of deadly accident for the past 15 years. In addition, more than one-third of the 2017 accidents involved collisions between boats, of which 37 percent were caused by inattentiveness or the operator failing to maintain a proper lookout.
As mentioned above, inattentiveness and operator error can cause or contribute to a boat accident. Other causes of boat accidents may include operator inexperience, operating at an unsafe speed, careless or reckless operation of a boat, or operating the vessel under the influence of alcohol or drugs. In many boat accident cases, the boat operator has not completed a boating safety education course.
If your boat accident was a result of someone else’s negligence, you may be able to recover compensation from the at-fault party. Negligence takes place when a person fails to use the level of care that a prudent boat operator would have used under the same or similar circumstances. Negligence claims are highly fact-intensive and require quite a bit of investigation. To win a negligence case, the plaintiff has the burden of proving the following elements by a preponderance of the evidence:
- The defendant owed the plaintiff a duty of care;
- The defendant breached the duty of care that was owed to the plaintiff;
- The defendant’s breach was a direct cause of the boat accident and the plaintiff’s resulting injuries or property damage.
If your boat accident and resulting injuries were caused by a design or manufacturing defect, you may be able to sue the manufacturer or seller of the boat through a product liability claim. These claims are intended to hold manufacturers and retailers accountable for putting unsafe products into the hands of consumers.
If you or someone close to you has been injured in a boating accident, you need to contact a skilled Miami boating accident attorney who can help. At our Law Offices, we understand this complex area of law and can apply our knowledge to use in your case. You can rest assured that we know how to litigate these claims according to federal admiralty law, when necessary, and can help you understand your rights throughout the entire legal process. For more information, call us at 1-877-499-HURT (4878) or contact us online today.
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