Crew Member Files Lawsuit Against Marc Anthony After Yacht Fire
Marc Anthony’s 120-foot-long Yacht caught fire and went under while at the Island Gardens Marina in Miami. Over 40 emergency responders arrived to put out the blaze but there was nothing that they could do for the ship itself. Their focus was on preventing the fire from spreading to other yachts that were docked. An investigation is underway to determine the cause of the fire, but as of yet, no determination has been made. In case you’re a Marc Anthony fan, the singer was not on the yacht at the time of the fire.
He didn’t come out of this event unscathed, however. One of his crew members has filed a lawsuit against the singer for an incident that happened two years ago. The man says that he lost a finger while working aboard the yacht and Anthony was slow to respond to the issue. The man claims he lost the finger trying to fix a broken anchor aboard the vessel. The man is now suing Anthony for disfigurement, loss of income, pain and suffering, emotional distress, and loss of enjoyment of life.
Meanwhile, Anthony has argued that the man was never his employee and he had no business fooling around with his boat anchor.
Taking a Look at This Case
Marc Anthony’s defense is an interesting one. He claims that the worker was never authorized to work on the vessel and thus he has no liability for the man’s injuries. Without taking a deeper look into whether a business relationship existed, we can’t determine if that defense will work out for Anthony or not. But it’s worth noting that the worker does not have to be Anthony’s employee for a lawsuit against Anthony to be successful.
In fact, if the worker was an employee of Anthony he would almost certainly not be able to file a lawsuit against the singer since there is a statutory bar to filing a lawsuit against an employer who covers their employees with workers’ compensation insurance. However, if the man was an invitee onto the ship and was invited expressly for the purpose of fixing the boat anchor, then Anthony will have to come up with a new defense. For instance, boat mechanics can often work as auto mechanics do, as independent contractors. Anthony may have no idea that the man was invited aboard his vessel to repair the anchor, but he may still be liable as the owner of the boat.
When a worker is injured on the job as an independent contractor they can file a personal injury lawsuit against the party that contracted them to do the job. Unlike the workers’ compensation system, however, the worker must prove that the owner’s negligence directly led to their injury. Workers’ compensation, on the other hand, is a no-fault system. Workers can get compensation for medical expenses and time off work regardless of whether or not they were responsible for their own injuries.
Talk to a Miami Personal Injury Attorney Today
If you’ve been injured due to someone else’s negligence, the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. can help you recover damages for lost quality of life, medical expenses, and lost wages. Talk to us today for a free consultation.