Miami Personal Injury Attorney News: With summer in full swing in Miami, boating season is here and going strong. Heading out to sea is fun, but there’s a high risk of accidents happening. The most common type of boating accident is when two crafts collide. Also common is boat collisions with fixed objects, such as a jetty or buoy. During these collisions passengers can be injured, or, in the case of a woman early this month, thrown from the vessel.
The woman, whose name remains undisclosed, was thrown from a boat after it hit a buoy near Key Largo. There were no major injuries reported, but there is always a risk of injury in collisions, especially when hitting the water. Traumatic brain injuries are common in boating accidents. Lacerations, broken bones, and lung infections can also occur when thrown from a boat. Risk of injury in the case of landing in the water is diminished greatly if you know how to swim as one Norwegian Cruise employee recently discovered.
Last week, a 33-year old employee of Norwegian went overboard and had to tread water for 22 hours before being rescued. The man was found by Carnival Cruise without any floatation devices. The cruise line rescued him and notified the U.S. Coast Guard who had previously called off the search for him.
Boating accidents can also happen without collisions. Like with cars, boats can have engine failures that lead to fatal accidents. A tour boat in the Bahamas recently had this happen. The engine began smoking and soon after exploded, killing one passenger and injuring several others. One passenger is still in a medically-induced coma following a double-amputation of her legs. The passenger was 22-year old Stephanie Schaffer from the United States. Schaffer was a dancer before the accident and still does not know that she’s lost her legs as doctors keep her comatose to help recovery. Her mother was also on the boat and suffered multiple broken bones.
A case like Schaffer’s is devastating and raises multiple questions for an attorney to investigate and resolve. Chief among them is determining jurisdiction. Once
jurisdiction is determined, it is important to know if the client signed a liability waiver and whether the wavier will be enforceable under the applicable law. Just because a liability waiver is signed does not always mean that a person cannot pursue legal action. This specific case is also likely to be based in negligence, and the family of the deceased passenger may also be able to bring a wrongful death suit.
For Schaffer’s case, it is important to know why the engine exploded and if it was avoidable. In the case that it was avoidable, and the operator or operating company should have known about the danger, they can be found liable for negligence or wrongful death.
Boating cases can be complicated. If you or someone you know sustain injuries in Miami on a boat due to someone else’s negligence, Aigen Law Firm has the knowledge and experience to obtain a fair and favorable result. Your Miami personal injury attorney at Aigen Law Firm will be available to guide you, protect your rights, answer all your questions, and fight to ensure that you maximize your recovery against all responsible parties.
Please do not hesitate to call our law firm directly at (305) 533-1600 or you can submit an online FREE CASE REVIEW. At Aigen Law Firm, an experienced lawyer is available 24 hours a day, seven days a week working relentlessly on behalf of victims who suffer from all types of accidents. We offer a free consultation for your personal injury case and there is no fee unless we recover for you.
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