How to Sue for Accidents Caused by Poor Boat Maintenance in Florida
Boats and other vessels must be seaworthy. If people are injured or involved in accidents because of dangerous conditions or poor maintenance, they can often sue for damages. These cases can be a bit complex depending on who is suing whom, but our maritime injury lawyers can help.
If the accident was the boat owner’s mistake and you were injured as a passenger or a passenger on another boat, you can sue the owner. If the maintenance issue was caused by negligent care by a third party, such as a mechanic/technician, it may be their fault. The process of suing might involve taking your case to federal court for maritime jurisdiction, which our lawyers can help with. However, some cases can still be filed in Florida state court.
For a free case evaluation, call the Florida boating accident attorneys at Rivkind Margulies & Rivkind at (305) 204-5369 today.
Liability in Boating Accidents Involving Negligent Maintenance/Upkeep in Florida
In a lawsuit, you – the plaintiff/victim – will have to prove who was at fault and bring the case against them – the defendant. In determining fault, courts look for a mistake or problem caused by the defendant, but there must also be a duty owed to the plaintiff.
How exactly this works and what facts will support your claim depend on who you were in this situation and what your relationship to the defendant was, so it is important to have our Miami boating accident lawyers look at your specific case.
Passengers Injured by the Owner’s Mistake
Boat owners have a duty to make sure their vessels are safe for passengers. If a boat owner fails to take care of their boat, they may be legally responsible for an accident.
Negligent Maintenance
If you are a passenger on a boat and the owner failed to provide necessary upkeep and maintenance for the boat, your case may be pretty clear-cut. The boat owner owes crewmembers and passengers a duty to make sure the boat is safe and seaworthy. Dangerous conditions, engine problems, or simple holes in the boat can all make it unseaworthy and patently unsafe.
Proving the Owner’s Mistake
The boat owner’s violation of this duty may be proven through maintenance logs, photos of the boat, and interviews with the owner about when they learned of the boat’s poor condition.
If they had scheduled maintenance appointments but let you on the boat in the meantime, that would be good evidence they knew about the problem but let you get injured anyway.
Other Boaters Injured by an Owner’s Dangerous Boat
If you were an operator or passenger on another boat and the defendant hit you with their boat, our Florida boat accident lawyers should check the other boat for signs of disrepair and poor maintenance.
Duty to Other Boaters
Like in the situation discussed above, you need to prove that the owner knew about their boat’s maintenance issues. The issue of seaworthiness and reasonable safety is still the core duty in question. In this case, the boat owner owes this duty to others on the water, and they must make sure their boat is in good operating condition.
Evidence of Negligence
If the defendant crashed into you because of problems with their rudder or steering system, if their speed control locked up and prevented them from letting up on their speed, or if pieces of their boat started coming off and crashing into your boat, these may all be clear instances of the boat owner’s poor upkeep causing your crash.
Much of this evidence may be lost in the water after the crash. However, your testimony and the testimony of others involved in the accident may help us prove that the defendant’s boat was in a state of disrepair and unsafe.
Liability of Mechanics or Technicians in Boating Accidents
Many boat owners do not conduct routine maintenance or make repairs to their boats themselves. This can be a highly technical process, and many boat owners rely on skilled boat mechanics and technicians.
Are Boat Owners Required to Know Anything?
Many boat owners do not know much about boat maintenance and upkeep, instead leaving that to their technicians or mechanics.
In the same way that a car owner might be able to identify maintenance issues like a flat tire or a strange engine sound, every boat owner should be able to identify issues like an active leak or weird engine sounds. Even so, many issues are instead left to experts.
Even if a boat owner cannot make repairs themselves, they may still be able to detect when problems arise. Failing to take the boat to a skilled mechanic or technician may make them just as liable as if they made faulty repairs themselves.
Relying on a Mechanic’s Skills
If a boat was recently serviced and the owner relied on the mechanic’s skill to make sure the boat was in good working order, then the accident might be the mechanic’s fault instead of the owner’s. This would apply equally to any third-party victim, like a passenger on the defective boat or the operator of another boat that the broken boat crashed into.
In these cases, it may be more difficult to sue the mechanic or technician, but the fact that passengers and other boaters are foreseeable victims of their negligence might help you bring your case.
How to Bring a Case Against a Defective Boat Owner in Florida
Beginning a boat accident lawsuit can be tricky. While it may be possible to bring the case in state court, your claims may be covered by federal maritime law.
Boating Accidents and Maritime Law
In many boat accident cases, the claim is filed in federal court. Federal court has jurisdiction over “maritime and admiralty” cases, meaning that most injury claims involving boat accidents and injuries out on the water will be handled in federal court.
Maritime Lawyers
Maritime lawyers often need specialized training and experience to handle these cases, and our attorneys practice maritime law almost exclusively. When pursuing an injury case arising from a boat accident, our attorneys can investigate where the accident occurred and whether the case is best filed as a maritime injury claim.
Boating Accident Lawsuit in State Court
In some cases, you can still file in state court. This might lead to a more convenient filing location or different filing fees and evidentiary rules. However, our lawyers will need to examine the specifics of your case before we can file it in the proper court.
The Lawsuit Process for a Boat Accident Due to Dangerous Maintenance in Florida
Most boating accident lawsuits will begin with an initial complaint by the plaintiff and a formal answer from the defendant. The legal process can be very long and complex, and you need an experienced attorney to guide you through it all.
The Initial Complaint
When you file your case, it will start with a “complaint” that details what happened and why the defendant is at fault. The complaint must contain very specific and lengthy details about the accident and your legal claims. If any information in the complaint is vague or lacking, it could be rejected for insufficient pleadings.
Defendant’s Response
After we file the complaint, we must almost immediately serve notice to the defendant. If notice is not served according to strict legal procedures, the entire case could be thrown out.
Once the defendant is notified, they must file a formal answer. In their answer, the defendant may affirm or deny each fact or allegation in your complaint. Basic details about the accident are usually affirmed, but allegations of wrongdoing will likely be denied.
Discovery Phase
In a civil lawsuit, each side is required to exchange relevant evidence and information. This allows both sides to build the strongest case possible. Whatever results from the case will hopefully be as close to the truth as possible.
During discovery, we can request maintenance records and other evidence in the defendant’s possession to help show they failed to properly maintain their vessel. If they refuse to provide this evidence, the court may impose legal penalties.
The Trial
If the case does not settle, it will be scheduled for trial, where we can present evidence and witness testimony to prove your case to the jury. The trial is a highly formal proceeding in which we must adhere to very strict courtroom procedures. This is not an easy process to navigate, and you need an attorney on your side.
How Soon After a Boating Accident Should You File a Lawsuit?
Under maritime law, the statute of limitations for personal injuries or death is 3 years. This means we must file your boat accident case in federal court no later than 3 years from the date that the accident occurred.
If your case instead falls under Florida state law, Florida’s statute of limitations for personal injuries would apply instead. In that case, you would have only 2 years from the date of the boat accident to file your lawsuit in state court.
Should You File an Insurance Claim for a Boating Accident in Florida?
Insurance is not required by law for recreational boats in Florida. Many boat accident victims would like to file insurance claims but are disappointed to learn that the at-fault person is uninsured.
If insurance is available, talk to your attorney about how to file a claim. If insurance will not offer a good settlement, do not accept, and take your case to court.
Can You Accept a Settlement for a Boating Accident?
If insurance is available, the insurance company may offer a settlement. Alternatively, the defendant may offer a settlement out of their own pocket. In either situation, talk to a lawyer before accepting or rejecting a settlement offer.
It is a good rule of thumb never to accept the first offer, as it is usually the lowest offer the defendant believes they can get away with. Your lawyer should know what your claims are worth and negotiate for a better settlement. Again, you do not have to accept a settlement and may take your claims to court instead.
Can You Sue Someone Other Than the Boat’s Owner After an Accident?
Yes. If the owner took their boat in for maintenance and repairs, but the work was poorly performed, thereby causing an accident, the mechanic or technician may be held responsible.
We should always include an employer or business if possible, especially if the boat’s owner is uninsured. The boat’s owner may use the boat as part of a business, like a charter boat business, and the business itself should be included in the case.
How Can You Tell if a Boat Has Been Poorly Maintained?
Poor maintenance is not always immediately apparent. We should consider the boat’s age, its general appearance, and whether it appeared to be operating smoothly before the accident. Older boats, boats with clear signs of neglect, or boats that are overly difficult to operate may suffer from inadequate care, and the owner should be held responsible.
Call Our Boat Accident Attorneys in Florida Today
Call (305) 204-5369 for a free case review with the Fort Myers boat accident attorneys at Rivkind Margulies & Rivkind.
