Miami Maritime Law

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Living in Miami offers access to the coast, with warm weather year-round making boating and beach outings a constant option. However, the high volume of boats on the water means accidents are common, often resulting in personal injury cases.

These incidents are common in popular boating areas such as Miami Beach Marina, Black Point Marina, Matheson Hammock Marina, and the waters near Haulover Marina. These spots draw many recreational boaters, charter vessels, and tourists, increasing the chances of collisions and other incidents.

Because accidents on the water are governed by federal maritime law, not Florida law, you need more than a typical personal injury lawyer. At Aigen Injury Law, we have extensive experience handling boating accidents, cruise ship injuries, and other maritime cases, giving victims the knowledgeable representation they need.

What is Maritime Law and Why is It Important?

Maritime law, sometimes known as admiralty law, is a general body of Federal law that governs the seas and oceans surrounding the United States, as well as rivers in the country that flow through multiple states. It exists to ensure that a uniform set of laws and rules govern the ocean, as watercraft traveling up and down the coast could potentially move through several different state jurisdictions without a uniform code of laws.

In addition to American maritime law, there are also international maritime laws and common law that may govern cases which arise further off the US coast in international waters. In addition to determining what substantive law applies to a case, maritime law also sets forth specific procedures for pursuing compensation that differ greatly from ordinary personal injury lawsuits.

Examples of Maritime Law Cases

While maritime law can apply to any case that arises from an incident on water, it most commonly arises in the following circumstances:

Who Can Be Held Liable in a Maritime Accident?

Maritime accidents in busy waterways like the Miami River often involve complex liability issues. If you’ve been injured in a boating, jet ski, or cruise ship accident, identifying who is legally responsible can help you build a strong case.

Boat Operators

Private boat owners and recreational operators are frequently at fault in maritime accidents due to:

  • Operating while intoxicated (BUI or “boating under the influence”)
  • Excessive speed
  • Inattention or inexperience
  • Failure to follow navigational rules

Under maritime law, operators have a duty of care to their passengers and others on the water. If they breach that duty, they may be held personally liable.

Boat Rental Companies

Miami is home to a booming boat rental industry, especially in areas like Coconut Grove. Rental companies can be liable if:

  • They failed to maintain the vessel properly
  • They rented to someone without proper licensing or experience
  • They failed to provide safety equipment or instructions

Cruise Lines

Given Miami’s status as the “Cruise Capital of the World,” many maritime injury claims involve passengers hurt aboard cruise ships. Cruise lines may be liable for:

  • Unsafe conditions on board (wet floors, broken railings, etc.)
  • Negligent medical care from onboard staff
  • Failing to provide adequate security
  • Negligent hiring or supervision of crew members

Boat or Equipment Manufacturers

If a defective boat, engine, or safety device contributed to your injury, you may have a claim against the manufacturer under product liability law. Common defects include:

  • Engine fires or malfunctions
  • Steering or throttle failures
  • Faulty life jackets or flotation devices

Manufacturers can be held strictly liable even if they were not directly negligent, provided the product was defective when it left their control.

Maritime Lawsuit Procedures and Processes

As Miami maritime lawyers are well aware, maritime law provides a unique set of processes and procedures that are extremely different from regular personal injury lawsuits. When a person is injured or dies in a maritime accident, Federal laws apply that require strict compliance with procedures. One of those laws is the Death on the High Seas Act (“DOHSA”), codified at 46 U.S.C § 303, which requires that a wrongful death case be brought within a certain amount of time from the accident and only by the personal representative of the deceased victim’s estate.

The Federal Courts in Maritime Cases

Because maritime claims are handled in Federal court, the courts are often much more involved in the process than a state court would be. In some maritime cases, a Federal court may be required to approve a settlement or even oversee a settlement negotiation. In other words, little room for error exists when Federal courts are involved, and so you should ensure that your maritime law claim is handled by an attorney who knows how to deal with these claims.

How a Maritime Lawyer Can Assist You

Maritime law is not an area of the law that accident victims can trust any attorney with. In other words, without the help of a dedicated maritime lawyer, Miami accident victims are powerless to seek compensation for their injuries. A maritime lawyer can assist you in determining whether you may be able to seek compensation for your injuries, and then aggressively advocating for you and your family to the fullest extent possible.

Collecting Evidence and Documentation

But in addition to seeking compensation, a maritime lawyer can also assist you in dealing with some of the unique complexities that are involved in maritime cases. Because maritime accidents occur on watercraft that are continuously moving, it can be difficult for accident victims to collect evidence in support of their claim for compensation. A maritime lawyer can assist victims by tracking down the watercraft, its ownership, and any information that may be helpful in seeking compensation.

Dealing with Maritime Law Complexities

Additionally, maritime cases often involve complex issues of law that would not apply in other types of cases. In some maritime cases, international laws may apply. In other cases, contractual agreements between cruise ships and passengers may dictate where and how a lawsuit is filed. In many maritime lawsuits, determining where to file the lawsuit can be a difficult process, as that determination requires pinpointing where the vessel was located when an injury occurred. All in all, maritime law gives rise to complexities that you should only trust to be handled by an experienced personal injury lawyer with specific knowledge and experience of maritime law.

Local Hospitals and Emergency Care Around Miami

If you’re injured in a Miami boating accident, quick access to medical care is important. Here are some of the leading hospitals that frequently treat accident victims:

Get Help from an Experienced Maritime Lawyer at Aigen Injury Law

Our Miami maritime lawyers have the specific experience and knowledge necessary to assist you and your family in a maritime law claim. Our law practice is dedicated entirely to personal injury law, and our clients are at the forefront of our practice. When you or a loved one are injured due to another person’s negligence, you deserve to receive compensation for your injuries – no matter what substantive law applies.

We approach maritime law cases in the same manner as other cases, and we’re not afraid to tackle complicated issues head on in our fierce advocacy of you and your interests.

Contact us today to set up a free, no-obligation consultation on your prospective maritime law injury claim.

This content has been reviewed and approved by lawyers at the Aigen Injury Law.