What is the Limitation of Liability Act?

In cases of wrongful death or personal injury on the high seas, the Limitation of Liability Act allows vessel owners to essential restrict any claim against them to the value of the boat. Since 34 families currently have claims against the owners of the Conception, and the boat is probably valued at a couple of million dollars, chances are, these grieving families will not be able to recover nearly as much money as they would have had the tragedy occurred on land.

The legislation was ratified back in 1851 and meant to protect the shipping industry from massive claims that could cripple or bankrupt it. The obvious question, then, is what value does it currently serve?

Further complicating matters is the value of the boat or, when the boat is valuated. In this case, the claimants may be limited to the post-fire value of the boat which is significantly lower than the pre-fire value of the boat. Since the post-fire value of the boat is roughly nothing, that’s precisely what the plaintiffs in this lawsuit stand to receive pending the judge’s order.

And there isn’t much that they can do about it. The law applies to all seafaring vessels on navigable water. Only in cases where the water isn’t “navigable” does the Limitation of Liability Act not apply.

Nonetheless, the federal judge presiding over the case has the ability to grant or not grant the protection of the law.

Limitations on the Limitation of Liability Act

The federal judge may waive the protection of the LLA if it can be shown that the vessel was manned by untrained or improperly trained personnel or that there was a defect that they knew about prior to the tragedy. By filing the LLA claim early, the vessel’s owners have forced the issue into federal court where the law will be interpreted by a federal judge as opposed to a jury. This is a significant advantage for the defense.

The plaintiffs are now forced into the position of conclusively showing some evidence that the ship’s owners were negligent. Here, negligence requires foreknowledge of a dangerous condition that could lead to a boat fire.

Talk to a Boat Accident Attorney Today

The Miami personal injury attorneys at the office of Alan Goldfarb, P.A. represent injured plaintiffs in boating accidents. If you’ve been injured in a boating accident, give us a call or talk to us online for a free consultation.

Resource:

latimes.com/california/story/2019-09-08/boat-fire-legal-analysis

https://www.goldfarbpa.com/three-u-s-companies-hit-with-multiple-wrongful-deaths-in-u-k-fire/

You may be thinking, “I can handle the claims process. It’s not that complicated.” Below are four reasons why you need to re-consider this line of thought and reach out to a Miami boat accident injury attorney.

1. Boating Law Can Get Quite Complicated

Pursuing a personal injury claim in the context of a boat accident may involve a complex intersection of state law, federal law, and maritime law. It is not the same as a simple fender-bender on Southeast 2nd Street in Miami. If, for example, you or a loved one gets injured while on a cruise ship, there may even be a “choice of law” provision embedded in the fine print of the cruise ticket you purchased that requires adherence to a foreign country’s law or another state’s law.

An attorney is also keenly aware of important procedural requirements such as the statute of limitations and other filing deadlines. This will ensure you do not miss out on what you are entitled to because of a legal loophole or missed deadline.

2. A Lawyer Will Advocate for Your Interests

If you suffered a serious physical injury in a boating accident, the thought of haggling with an insurance claims representative probably does not sound appealing. This is why you should hire an attorney and let them advocate for you. As a result, you can focus on your recovery and not the hassle of negotiating with an insurance company.

3. Expert Evaluation of Your Harms and Losses

In many instances, someone involved in a serious boating accident may not even realize the extent of the physical harm they suffered. This is why an attorney will advise you to seek the necessary medical attention to ensure your harms are properly treated by the appropriate specialists. For example, some people sustain neck injuries in boating accidents, but brush off the pain thinking it will go away in a week or two. It doesn’t, but they agree to a settlement with the at-fault boating company, and they continue to suffer intense neck pain for years. Do not let this happen to you. This type of harm should be compensated by the at-fault party.

4. A Lawyer Will Build a Compelling Case for Financial Restitution

Your lawyer will investigate the circumstances leading up to the accident and work to establish proof that the defendant was liable. Your lawyer will also develop your damages by calculating all of your medical bills, lost wages, and pain and suffering to present to a judge or jury.

Call a Miami Boat Accident Attorney Right Now

The lawyers at the office of Alan Goldfarb, P.A. are ready to help you or a loved one. We understand that getting hurt in boating accident is a difficult and traumatic experience.  Our team of Miami boating accident injury attorneys are experienced in personal injury litigation and provide each of our client’s superb representation.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0327/0327.html

The Case

The case that caused the 11th Circuit Court of Appeals to change precedent involved an elderly couple on a cruise to Bermuda. While the ship was docked in port at Bermuda, the husband slipped and fell. Due to his injuries, he was taken back to the ship so the ship’s medical personnel could treat his injuries. But, it is alleged, he had to wait for hours to be seen by the ship’s doctor, and even after he was seen he later died. His wife sued the cruise line based on a theory that the cruise line was responsible for the death because of how their doctor treated her husband. A lower court dismissed the case based on old precedent that gives ship companies immunity from the negligence of their doctors. This is known as the Barbetta rule.

Prior Precedent

The Barbetta rule came from a case in the late 1980s. In that case, a couple was on a cruise to Mexico where the wife came under the care of the ship’s doctors. According to the couple in a lawsuit they filed, the doctor who treated her was negligent because he failed to diagnose her case of diabetes, and she suffered damages as a result. When the case got to the Court of Appeals, the court stated that ships are not responsible for the actions of their doctors. In any other situation, other than on a ship, the companies that employ doctors are generally liable for what mistakes their doctors make. The reason ships were given immunity was because historically ships contracted with their doctors to work on their ships, and they did not control how the doctors practiced medicine. It was thought, therefore, that because of the doctors’ independence, the ships should not be responsible for their doctors’ negligence. If they were, it was argued, the ships would not want to hire doctors and the passengers would suffer as a result.

New Law

Fast forward to today and the situation is very different. In making its decision to overturn the Barbetta rule the court looked at some very important factors as to why cruise lines should be liable for their doctors’ negligence:

• Today every major cruise line has doctors or other medical personnel that go on cruises to look after passengers.
• Those doctors are paid and controlled by the cruise lines.
• The time when it is difficult to get medical personnel to work on ships is in the past.
• If a doctor is negligent to a cruise employee, the ship will be held liable, a standard that could be applied to passengers as well.

These are some of the arguments the court put forward to justify its reversal of the Barbetta rule. It is not yet clear in this case whether the ship’s medical personnel were actually negligent in how they treated the man. But now the man’s survivors will have a chance to prove their case in court, and the ship will no longer enjoy this broad immunity.

At Alan Goldfarb, P.A. we know how to deal with cruise line injuries in Miami. We have the experience needed to give your case the respect it deserves. If you are dealing with an accident that took place during a cruise, contact us so we can help you.

Who Owns the Water? Jurisdictional Matters

One of the essential components of a lawsuit is jurisdiction; that is, where the lawsuit should be filed and what court has to address your concerns. If you live in Florida but cause a car accident in Georgia, for instance, you may face a lawsuit in the state of Georgia even though you do not live there. Jurisdiction is fundamental, but can be very complicated. In cases involving waterways, it might matter where the vessel is registered, where the ship was returning from or going to, or even where the passengers are from.

International matters might be even more vexing, but in the end the idea is to find the proper jurisdiction to bring the lawsuit and move forward from there.

Types of Injuries

One of the other things you have to do when filing a lawsuit is allege the nature of the injuries sustained and the amount of money (at least an estimate) you think you deserve for your injuries, medical costs, and inconvenience. Some common incidents that lead to claims in Miami include:

• Accidents on cruise ships;
• Accidents on private boats;
• Slipping and falling on boats;
• Accidents due to mechanical failures;
• Personal injuries sustained from jet ski or boat collisions; and
• Driver inexperience or intoxication.

Often, injured persons will claim they deserve compensation for a number of things, including but not limited to:

• Pain and suffering;
• Medical bills;
• Provable future medical expenses (PT, rehab, medications, etc.);
• Compensation for disfigurement or permanent disability;
• Loss of wages due to loss of work;
• Property damage; and
• Other quantifiable expenditures.

The amount of money you may receive invariably depends on the circumstances of the accident, the nature of your injuries, and your future of recovery. Owners of vessels, cruise ship management companies, captains and pilots, maintenance staff, and even janitorial staff all have responsibilities to you as their client, guest, or patron on their property. This obligation extends to keeping the premises reasonably safe and in working order; a failure to do so may lead to you being injured, which gives you the right to file a lawsuit and seek damages in many instances.

Miami, Florida Maritime and Boating Accident Lawyers

Due to the complexity of maritime law litigation, it is important to consult with an attorney you can trust before taking legal action. If you or anyone you know has been injured on the water, whether from a cruise ship or on a private speed boat with friends, our experienced maritime and boating accident litigation attorneys at Alan Goldfarb, P.A. have the knowledge to guide you through the process. We will work tirelessly to ensure you are compensated for injuries that others caused and strive for the best possible outcome. Contact our Miami offices today to learn more about your legal rights.