Pensacola Boat Accident Lawyers
Serving Victims of Boating Accidents in Pensacola, FL
Boating accidents are common, and they can be devastating. Boats are large, heavy, and difficult to maneuver, which is why they cause so many accidents. Many boating accidents occur because the boat operator is negligent, such as by operating a boat while intoxicated. In these cases, the victim may be able to recover compensation by filing a personal injury lawsuit.
If you or a loved one has suffered injuries or lost their life in a boating accident in Florida, Michles & Booth is here to assist you. We comprehend the profound impact these accidents have on every aspect of your life, which is why our team of Pensacola boating accident attorneys is fully prepared to meticulously investigate your accident, construct a robust case on your behalf, and fight vigorously for the comprehensive and fair compensation that you and your family deserve.
To request a free and no-obligation consultation with a skilled Florida boating accident attorney from our firm, please contact Michles & Booth at 850-438-4848 or reach out to us online.
Common Causes of Boating Accidents
Boating and personal watercraft accidents can transpire in various ways, resulting in devastating injuries, including drowning. Some of the safety concerns associated with boating and personal watercraft fatalities and injuries encompass counter-intuitive operating characteristics, such as off-throttle steering, the absence of appropriate operator training, and inadequate and improper warnings.
Accidents can occur under a range of circumstances, including:
- Collisions with other boats
- JetSki and WaveRunner accidents
- Scuba diving and snorkeling incidents
- Parasailing accidents
- Kitesurfing and windsurfing mishaps
- Waterskiing and tubing accidents
- Boating under the influence of alcohol
In the event of a boating accident, it is crucial to determine the applicable laws. Depending on the location of the boating accident, either Florida law, Federal Maritime law, or a combination of both may apply. Swiftly establishing this is of utmost importance due to the distinct procedures and statute of limitations associated with each type of claim.
Who Is Liable in a Boating Accident?
In a boating accident in Florida, liability can extend to various parties depending on the specific circumstances.
Some potential parties who may be held liable include:
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Boat Operator: The primary party that is typically held liable in a boating accident is the boat operator. The boat operator has a duty to operate the vessel safely and responsibly, following all applicable laws and regulations. If the operator's negligence or reckless behavior caused the accident, they may be held liable for resulting damages.
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Boat Owner: In certain situations, the owner of the boat may also be held liable for a boating accident. This can occur when the owner entrusts the boat to an inexperienced or incompetent operator, fails to properly maintain the vessel, or knowingly allows an unsafe condition to exist on the boat.
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Rental or Charter Company: If the boat involved in the accident was rented or chartered, the rental or charter company may be held liable if they failed to provide adequate instruction, safety equipment, or a seaworthy vessel. They have a responsibility to ensure that the boats they provide are safe and suitable for use.
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Manufacturer or Seller: In cases where a defective boat or faulty equipment contributed to the accident, the manufacturer or seller of the boat or equipment may be held liable for any resulting injuries or damages. This can include defects in the boat's design, manufacturing, or warnings.
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Other Negligent Parties: Liability in a boating accident may extend to other parties whose negligence contributed to the incident. For example, if another boat operator acted recklessly or failed to follow boating regulations, they may share liability for the accident.
Determining liability in a boating accident can be complex, and it often requires a thorough investigation of the circumstances surrounding the incident. It is recommended to consult with a skilled boating accident attorney in Pensacola who can assess the facts of your case, identify potentially liable parties, and guide you through the legal process to pursue compensation for your injuries and damages.
When Is a Boat Operator Liable for a Boating Accident?
In Florida, boat operators can be held liable for a boating accident under certain circumstances. Liability in boating accidents is determined by applying the principles of negligence law.
To establish liability, the following elements must generally be proven:
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Duty of Care: The boat operator must owe a duty of care to others on the water. In Florida, boat operators have a duty to operate their vessels in a reasonably safe manner, taking into account the safety of passengers, other boaters, and any individuals in the vicinity.
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Breach of Duty: The boat operator must have breached their duty of care. This means they failed to operate the boat with the level of care and caution that a reasonable and prudent operator would exercise under similar circumstances. Examples of breaches of duty may include reckless driving, excessive speed, failure to maintain a proper lookout, or operating the boat while under the influence of alcohol or drugs.
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Causation: The breach of duty by the boat operator must be the direct cause of the accident and resulting injuries. It must be shown that the accident would not have occurred if the operator had acted in a reasonable and responsible manner.
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Damages: The accident must have resulted in actual damages, such as personal injuries, property damage, medical expenses, lost wages, pain and suffering, or wrongful death.
Our Pensacola boating accident lawyers at Michles & Booth, P.A. can help you understand your rights and the complex legal process.
If you have been injured in a boating accident, you should speak with an attorney as soon as possible. Call us today at 850-438-4848to schedule a consultation.
What Damages Can I Recover in a Boating Accident Case?
In a Florida boating accident case, you may be eligible to recover various types of damages depending on the specific circumstances of the accident and the resulting injuries. Here are some common types of damages that can be pursued:
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Medical Expenses: You can seek compensation for current and future medical expenses related to the boating accident. This includes costs such as hospital bills, surgeries, medication, rehabilitation, physical therapy, and any necessary medical equipment.
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Property Damage: If your personal property, such as your boat or other belongings, was damaged in the accident, you can seek compensation for the cost of repairs or replacement.
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Lost Wages: If the boating accident caused you to miss work or resulted in a decrease in your earning capacity, you may be entitled to compensation for lost wages and future loss of earning capacity.
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Pain and Suffering: Boating accidents can cause physical pain, emotional distress, and a diminished quality of life. Compensation may be available for the physical and emotional suffering you have endured as a result of the accident.
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Disability or Disfigurement: If the accident caused a permanent disability or disfigurement, you may be entitled to compensation for the long-term impact on your life and any associated expenses, such as adaptive equipment or home modifications.
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Loss of Consortium: If the boating accident resulted in the loss of companionship, support, or intimacy with your spouse, you may be able to seek damages for loss of consortium.
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Wrongful Death: In cases where the boating accident resulted in the death of a loved one, certain family members may be eligible to pursue a wrongful death claim. Damages can include funeral and burial expenses, loss of financial support, loss of companionship, and emotional pain and suffering.
Injured in a boating accident? You should consult with a Pensacola boating accident attorney to discuss your legal options. At Michles & Booth, P.A., we can help you receive the compensation you deserve. Call us today!
We also represent boat accident victims in Alabama, including those injured in Lillian, Foley, Orange Beach, Gulf Shores, Daphne, Fairhope, Spanish Fort, Bay Minette, Atmore, Flomaton, Brewton, or Dothan.
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