Florida Attorney for Boating Propeller Deaths and Injuries
Propellers are powerful enough to push boats through water, making them especially dangers to swimmers and boat passengers in Florida.
Boating propeller accidents can be extremely catastrophic for victims in Florida. Such accidents often begin with a victim falling overboard. Because propellers are so forceful, getting caught in one might lead to lacerations, broken bones, loss of limb, and even death. If you were hurt in a propeller accident in Florida, you can likely file a lawsuit against the party ultimately responsible for your injuries. That might be the boat operator or the person who caused you to fall off the boat and into the propeller. Families of victims who die in boating propeller accidents might also be able to file wrongful death suits. The statute of limitations for both types of claims is two years.
To set up a confidential and free evaluation of your case from our Florida attorneys for boating propeller deaths and injuries, call Rivkind Margulies & Rivkind, P.A. today at (305) 204-5369.
How Boating Propeller Deaths and Injuries Happen in Florida
The propellers at the back of motorized vessels, just underneath the surface of the water, present serious dangers to operators, passengers, and swimmers alike. If someone is caught in a propeller in Florida, they might be severely injured or even killed.
Typically, getting caught in a propeller is the secondary event of a boating accident. Often, such accidents begin with a victim falling overboard. They might fall directly into the propeller and be hurt or get injured by the propeller when attempting to get back on a vessel. Swimmers caught by currents or simply unaware of a propeller’s location might also be hurt in Florida.
According to the 2022 Recreational Boating Accident Statistics Report from the U.S. Coast Guard, getting struck by a propeller was the primary event in 33 boating accidents and was the secondary event in 110 boating accidents. According to the same report, propellers caused 41 deaths and 182 injuries in 2022.
Alcohol use is sometimes a contributing factor to boating propeller deaths and injuries, as victims might be more likely to fall overboard or forget certain safety measures when intoxicated.
Propeller strikes can lead to all sorts of injuries for victims in Florida. Common injuries caused by these types of accidents include amputation, lacerations, fractures, broken bones, and other severe injuries.
Suing for a Boating Propeller Injury in Florida
Because boating propeller accidents can be catastrophic, victims and their families often want and deserve compensation. If you were hurt because of a boat propeller, you may be able to file an injury lawsuit in Florida.
When building your claim, we will look at the primary cause of your injuries. For example, if you fell overboard because the boat operator was operating the vessel recklessly, and you fell into the propeller and got injured, you could sue the boat operator.
There are general boating propeller safety guidelines that operators should follow, especially when they are in areas near swimmers or others engaging in recreational activity in the water. In these instances, moving vessels should take care to avoid swimmers and turn off engines when stopped near swimmers. Operators should look for swimmers or others in the water and take count of their passengers before restarting the engine. They should also make sure no one is near the propellers before turning boats on, as they could otherwise be seriously harmed.
If you want to file a lawsuit for a boating propeller accident in Florida, know that you will only have two years to do so. Our attorneys for boating propeller deaths and injuries will identify the party responsible for your injuries, most likely the boat operator, so that you can hold them accountable. We will also obtain evidence in support of your claim, such as eyewitness statements, incident reports, and medical records, so that you can recover compensation for all of the financial and emotional damages caused by a boating propeller accident.
Suing for a Boating Propeller Death in Florida
Suing for a boating propeller death differs somewhat from suing for a boating propeller injury in Florida. If a victim dies during an accident, only their personal representative can sue, according to Fla. Stat. § 768.20.
Like many states, Florida limits plaintiffs in wrongful death claims to victims’ personal representatives. Often, this person is named in a victim’s will. A personal representative can be anyone but is generally someone close to a victim, like their spouse, parent, or child.
Personal representatives can sue when the actionable conduct of another causes a victim’s death, according to Fla. Stat. § 768.19. This means that if a victim dies in a propeller accident, and the accident was due to another person’s negligent or intentionally wrongful act, their personal representative can sue for wrongful death.
There are various damages available to surviving family members of wrongful death victims in Florida. Such damages include compensation for loss of companionship and protection. Surviving family members might also be able to recover damages for loss of income and other financial losses caused by a victim’s wrongful death in Florida.
Since a victim cannot provide testimony or aid in a wrongful death claim, these types of cases can sometimes be harder to litigate. Fortunately, much of the evidence used in propeller injury lawsuits can also be used in propeller death lawsuits. Eyewitness statements, medical records, expert statements, photographs, and scene evidence can all help create a strong claim against the negligent party responsible for your loved one’s death. The statute of limitations for wrongful death claims is also two years in Florida, so make sure you file on time.
Contact Our Lawyers About Your Boating Accident in Florida
Call the attorneys for boating propeller deaths and injuries of Rivkind Margulies & Rivkind, P.A. today at (305) 204-5369 to get a free case review today.