But how often does that happen? And when it does, who is responsible? Below is a discussion that helps to answer these questions. If you enjoy boating in the Miami area, it’s important that you are aware of the dangers boating accidents present.

News Story Reveals Growing Problem of Boating Accidents

A recent news story in the Miami New Times revealed the stunning details of how big a problem boating accidents are in the Miami area. Not surprisingly, the story’s researchers conclude that more boating accidents happen in the Miami-Dade area than any other in Florida. What may surprise you, however, are how many accidents there are. It was reported that in 2014 in the Miami area:

• A Fourth of July weekend accident claimed four lives;
• A local DJ sponsored a party boat that got stuck in the sandbar; a person was killed by the rotor trying to loosen the boat; and
• 79 total accidents occurred in the Miami-Dade area with 10 dead and 47 injured.

These numbers are incredible, and reveal just how dangerous boating can be. And it is not just a Miami-area problem. In fact, there were 634 boating accidents that caused over 70 deaths.

What is the primary cause of all these Miami area boating accidents? Operator inexperience. That means that the boat operators did not know what they were doing, and on far too many occasions the operators literally took their passengers’ lives into their own hands. Of course, there were some incidents where weather or mechanical issues led to an accident, but the majority of accidents could have been prevented.

Law on Boating Accidents

There are several different areas of law that regulate boating accidents, the primary being personal injury law. When a boat operator captains a ship, he or she takes on several responsibilities. Much like someone driving a car, a boat operator owes a duty to his passengers and fellow boaters on the water to operate the boat reasonably, If he breaches that duty and causes an injury to fellow passengers or boaters, he will likely be held liable for his negligence. Liability includes being responsible for hospital bills, pain and suffering, job loss, and other injuries that are related to the accident. This is the basic framework of any other personal injury lawsuit.

And beyond personal injury there are other areas of law that may apply. For example, if the boat’s machinery was faulty then the manufacturer or distributor may be liable for the damage a faulty boat caused. Other areas of law may apply as well.

Our Attorneys Can Help

There are several important takeaways from this discussion. First, boating accidents in the Miami area are more common than any of us would like. Second, victims of boating accidents have laws that will protect them if injured. And third, the laws involved can be complex and far-reaching. At Alan Goldfarb, P.A. we are ready and able to help you. Contact us so we can evaluate your case.

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.