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Boats are almost as common as cars and other conveyances in Florida, due to the thousands of miles of coastline that the state has to offer. In addition to a host of rules and regulations that boat owners and operators must follow, ensuring that the vessel is in good working condition and that it is repaired appropriately is also critical. When it comes to boating accidents, however, it can be hard to know whether the facility that repaired the boat completed the work properly and completely. In fact, defective boat repair is one of the primary causes of yacht and sail boat accidents. At Rivkind Margulies & Rivkind P.A., our Miami boat defect lawyers have assisted many Florida residents with asserting their legal right to compensation after a careless boat repair service. We are ready to put our experience to use for you.Defective Boat Repair Poses Serious Risks
When you bring your boat in for repairs, you are trusting that the business will take the time and care to ensure that any issues are repaired thoroughly. Although some boat owners possess some knowledge about boat maintenance, boat repair companies have a particular sophistication with regard to addressing repair issues, including everything from routine maintenance to more serious and pervasive problems. Some examples of items on a boat that may require maintenance or repair include navigational equipment, rudders, radars, lifting equipment, fuel pumps, throttles, steering arms, fuel systems, engine components, batteries, and electrical systems.
Making matters more complicated, it is often not until the boat owner is out on the water that they find out that the repairs were performed improperly. Some of the injuries that can result from defective boat repair include collisions with jet skis and wave runners or collisions with docks or other structures. These can cause broken bones, head injuries, paralysis, and even death.
If you have suffered injuries as a result of a defective boat repair, a boat defect attorney in the Miami area can help you bring a claim against the company that failed to perform the repairs adequately. Boat repair companies have a duty to ensure that the repairs are performed completely and accurately. Also, even if a boat owner brings in a yacht or another vessel for repairs, citing a certain problem, the boat repair company has a duty to ensure that there are not other problems or maintenance issues jeopardizing the safety and functionality of the vessel.
After showing that the repair company failed to use due care when repairing the boat, the plaintiff must show that this failure was the cause of the accident that occurred and their related injuries. If the boat repair company can show that some other factor was the cause of the injuries, such as severe weather or the boat owner’s negligent operation of the vessel, they may be precluded from recovering compensation. Florida recognizes a doctrine called pure comparative negligence, which allows the jury to consider any evidence that the plaintiff acted negligently at the time of the accident and that this negligence contributed to the plaintiff’s injuries. The jury can then assign a percentage of fault to the plaintiff, which will be used to reduce any judgment in the plaintiff’s favor.
After causation has been proven, the plaintiff will need to offer evidence of the expenses that they incurred as a result of the accident, including medical bills, missed earnings, diminished earning capacity, and reduced quality of life.Meet with a Tenacious Boat Defect Lawyer in Miami or the Surrounding Areas
If you have suffered injuries as a result of defective boat repair, you may be entitled to compensation. At Rivkind Margulies & Rivkind P.A., we place a client’s trust and confidence at the center of everything that we do. We can ensure that you receive the personalized and prompt legal counsel that you deserve. We have provided legal guidance to victims of boating and water sports accidents throughout Florida, including in Hialeah, Coral Gables, Homestead, Orlando, Kissimmee, West Palm Beach, Fort Lauderdale, Hollywood, Pembroke Pines, Sunrise, and Weston, as well as other cities in Miami-Dade, Orange, Osceola, Palm Beach, and Broward Counties. To schedule a free consultation with a Miami boat defect attorney, call 866-621-2142 or contact us online.