Can You Sue for an Accident Caused by an Unsafe Dock or Pier in Florida?
Crashing into another vessel or a stationary object is usually viewed as the boat operator’s fault, but what about when the roles are reversed? What if a dangerous dock or pier causes a boat to crash into it or come loose from it?
Some boat accidents occur because a dock’s structure cannot hold a boat during a mild storm or turbulent weather, potentially causing the boat to capsize or crash into other boats or structures. Additionally, hidden support structures, protruding structures, and improperly designed docks and piers can cause accidents, and victims can often sue for these injuries, made worse by dangerous dock construction. Accidents on the dock or pier itself, such as a person being injured by a collapse, could also result in liability for the dock or pier’s owner.
For help with an accident, call the Miami boat accident attorneys at Rivkind Margulies & Rivkind at (305) 204-5369.
When Can You Sue for an Accident Caused by an Unsafe Dock or Pier?
To determine whether you can sue for an accident involving an unsafe dock or pier in Florida, our boat accident lawyers can confirm you had lawful visitor status at the time of injury and that the statute of limitations has not yet expired.
You Are a Lawful Visitor
Your ability to sue for an accident due to an unsafe dock or pier relies heavily on whether you had lawful visitor status at the time of injury or were considered a trespasser on the boat dock or pier. Trespassers are owed a very low duty of care, while licensees and invitees are owed higher levels of care. If you are injured as an invitee, such as a boat owner who pays to dock at a marina, the marina owner could be liable for injuries caused by failure to inspect, maintain, and repair the dock.
If you are injured while walking on a public dock or pier, you are most likely considered a lawful visitor as a member of the public.
The Statute of Limitations Has Not Expired
To sue for an accident caused by an unsafe dock or pier, you need to file your claim before the statute of limitations expires. In all likelihood, this will happen 2 years after you sustain injuries. Exceptions to the statute of limitations are rare in these kinds of injury cases, so be proactive about your recovery and seek help from our lawyers right away.
What Accidents Are Caused by Unsafe Docks and Piers?
Unsafe docks and piers can cause various accidents and injuries, all of which may warrant compensation.
Loose Vessels
When a boat is moored at a dock or pier, it should be secure. While the boat or dock owner may have rules about ties and bumpers, the dock’s structure should be strong enough to keep the boat in place, even during inclement weather. If a boat was properly secured, but came loose and crashed anyway, the dock or pier owner might be liable.
Structural Failures
If the structural integrity of a dock or pier is compromised, it might collapse under the weight of people standing on it or after a very minor collision with a vessel that it should be able to withstand. Structural dock failures can lead to serious injuries and are generally the dock, pier, or marina owner’s fault.
Slip and Falls
While piers and docks can be high-risk locations for slip and fall accidents, owners should take steps to mitigate the risk of injury by repairing broken boards or holes that could pose serious tripping hazards for boat owners.
When Can You Sue for an Accident Caused by an Unsafe Dock or Pier?
You may be able to sue for an accident involving an unsafe dock or pier that was unsafe due to poor maintenance and upkeep or poor design and unsafe construction.
Poor Dock or Pier Maintenance
Poorly maintained wooden docks and piers may rot and become structurally unsound. If this happens and a boat comes in fast to a dock, the dock might shatter or collapse on top of the boat, pushing it underwater or causing excessive damage. Because poor maintenance caused the majority of the damage, fault would likely fall on the dock owner’s shoulders, not the boater’s.
Poor Dock or Pier Placement
While some crashes happen because of boater negligence, other collisions with docks and piers happen because of poor placement in a marina. Some docks and piers are built in such a way that they become a danger to boaters. When this happens, the boat operator and any injured passengers can often sue the dock or pier owner.
Poor Dock or Pier Design
If a boat strikes a dock too hard, floating docks should absorb the blow and avoid damage. Especially if the boat or dock has bumpers, even a stationary dock might absorb the blow and potentially take only minor structural damage. If a dock is built incorrectly or lacks important safety precautions, the crash could cause far more damage than one might expect to both the dock and the vessel.
Unsafe Construction
Docks and piers are often secured at their base by large pilings – the supports that hold them up. At their base, these might be made of concrete to really hold up the dock. Poor construction makes docks and piers dangerous and structurally unsound from the outset, increasing the risk of complete collapses and other serious accidents.
How Can Comparative Fault Affect You if You Sue for an Accident Caused by an Unsafe Dock or Pier?
Florida is a pure comparative fault state, meaning a victim’s damages can be reduced proportionally to their liability. This is most often an issue in lawsuits involving unsafe docks or piers where both poor design and operator negligence contribute to an accident.
For example, suppose an accident would not have occurred if the boat owner was operating the vessel at the proper speed. In that case, some portion of the liability for the accident would fall on the boat operator.
Still, a good portion of the damages may be attributed to the dock owner if poor design or maintenance contributed to the damage. This includes any serious injuries that would have been avoided if the dock were constructed in a more reasonable, safer manner.
Since Florida is a pure comparative fault state, victims are not blocked from lawsuits for sharing fault and may sue for a defendant’s contribution to an accident, even if it was less than their own.
FAQs About Suing for an Accident Caused by an Unsafe Dock or Pier
What Are Common Accidents Caused by Unsafe Docks or Piers?
Common causes of accidents involving unsafe docks and piers include broken decking, defective moorings, and unsafe deck structures that collapse underneath visitors. In these cases, the dock owner should be held liable for the resulting damages.
How Much Time Do You Have to Sue for an Accident Caused by an Unsafe Dock or Pier?
If you are injured because of an unsafe dock or pier, you most likely have 2 years from the date of injury to sue the dock owner, marina owner, pier designer, or another liable party.
What Evidence Helps if You Sue for an Accident Caused by an Unsafe Dock or Pier?
If you plan to sue for an accident caused by an unsafe dock or pier in Florida, our lawyers can use photos, surveillance footage, incident reports, witness statements, and medical records to help prove your case and recover the damages you need.
What Damages Can You Sue for After an Accident Caused by an Unsafe Dock or Pier?
For injuries caused by unsafe docks or piers, victims may sue for all of their economic and non-economic damages. Economic damages are financial losses, such as lost wages and hospital bills, while non-economic damages are intangible losses, such as pain and suffering.
For dock or pier accidents and injuries caused by gross negligence, victims may also get punitive damages in Florida.
Call Our Boat and Maritime Injury Attorneys in Florida Today
Call (305) 204-5369 for a free case evaluation with the Florida boat accident lawyers at Rivkind Margulies & Rivkind today.
