Jet ski and Boating Accidents in Miami. Eligible for Damages?

Jet ski and Boating Accidents in Miami. Eligible for Damages?

Miami Tourist Jet Ski Accident Lawyer

Miami has many tourist attractions including boating, jet skiing, paddle boarding, power sailing, and other recreational maritime activities along the shores of the Florida coastline. Many individuals will often disregard safety in these environments (especially when alcohol is involved), leaving them at an increased risk of sustaining serious injuries or death. Therefore, it is no surprise that Florida is the leading state for maritime accidents in the United States. An injury stemming from a boating or jet ski accident can have serious effects on someone’s life. In this article, Mausner Graham Injury Law PLLC, discusses some of your legal rights after a boat and jet ski accident.

Contact A Miami Boat Accident And Collision Attorney Today

If you or a loved one have been injured in a jet ski or boating accident in Florida, it is important to retain counsel immediately. Maritime accidents may be complicated, and they implicate federal, state, and international law that requires the assistance of an attorney. The law offices of Mausner Graham Injury Law PLLC, are committed to aggressively representing the rights of individuals who have been wrongfully injured.

Liability For Boating And Marine Accidents

The State of Florida has adopted the federal Navigation Rules which govern the safe operation of vessels on the waters of this state. Any violation of these basic rules of seamanship constitutes evidence of negligence and entitles the plaintiff to a jury instruction on the effect of such a violation. The navigation rules set forth that:

  • “[e]very vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions.” 33 C.F.R. § 83.05 (Look-out (Rule 5)).
  • “As a matter of prudent seamanship, the performance of lookout duty is an inexorable requirement of prudent navigation.” Holt v. Brown, 185 F. Supp. 3d 727, 735 (D.S.C. 2016).

It is a well-established principle under maritime law that shipowners and captains have a duty to warn its passengers of known or foreseeable dangers. Marabella v. NCL (Bahamas), Ltd., 2020 WL 533987, at *5 (S.D. Fla. Feb. 3, 2020). Death on the High Seas Act (DOSHA), The Jones Act, and the Longshore Harbor Workers’s Compensation Act (LHWCA) may be federal statutes that apply to your maritime accident. Contact us immediately so we can begin analyzing your case and protecting your rights.

Florida maritime laws also state that individuals under the age of 21 have to complete an approved boating safety course to receive a boating safety I.D. card to operate a boat with 10 horsepower or more. This ID card must be carried by the operator, together with a photo I.D. issued by the Florida Fish and Wildlife Conservation Commission. The following legislation applies:

  • All water vessels operated by mechanical propulsion devices must be registered.
  • Individuals operating a vessel with negligent disregard are liable for personal injury and or losses to victims.
  • Life jackets are mandatory for children under six years of age and have to be worn at all times while on a vessel that is less than 26 feet in length.
  • Individuals are obliged by law to respect other vessels’ safe navigation and steer clear of established fishing areas.
  • Water vessels are not allowed to be operated under the influence of alcohol. A vessel operator with a blood or breath alcohol level of .08 is presumed to be under the influence.

Compensation For Injuries Sustained In A Boating Accident

Florida law protects individuals that were injured in maritime accidents. These individuals may be entitled to compensation for their injuries. If you have been injured in a jet ski or boating accident, contact Mausner Graham Injury Law for a free consultation. If you have suffered a serious injury while on a jet ski or a boat in Florida, you may qualify for certain kinds of damages such as pain and suffering, medical expenses, lost wages, loss of earning capacity, loss of enjoyment of life, and others.The body of governing law (federal, state, international) that applies to your case may determine what kind of damages you or your loved one are entitled to when it comes to maritime accidents.

If you have been injured in a jet ski or boating accident, it is your right to file a personal injury lawsuit against any responsible parties. Mausner Graham Injury Law, P.A, has experience in handling maritime and admiralty injury and accident cases. Contact our law firm today for a free consultation.

Last updated Thursday, November 9th, 2023

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