Miami Boat Accident Attorney

Boating is a great way to enjoy south Florida. However, injuries occur on boats, cruise ships and other watercrafts far more often then you may think. And, when they do, these injuries can be devastating. If you or a loved one were hurt in a boating accident of any kind, call our office to learn more about your potential claim. These cases are governed by very specific and nuanced state and federal maritime laws and are unlike other personal injury cases.  It is important that your attorney is experienced and skilled in these types of cases as there are many laws that apply exclusively to accidents on the water.

Admiralty and Maritime Law

Admiralty and maritime law is a specific area of law that pertains to boats, ships, and other watercrafts operating on navigable waterways. That is, there has to be access to open water, as opposed to contained bodies of water, such as a man-made lake.

Cruise Ship Injuries

Passengers on cruise ships are not immune to accidents and injuries. Cruise ship passengers should retain their cruise ship tickets as tickets often contain carefully drafted provisions designed to limit access to courts and compensation for injuries sustained at sea. For example, cruise ship tickets oftentimes shorten the statute of limitations to one year, attempt to exclude liability for independent contractors, and limit where lawsuits can be filed. Cruise ship injuries may include:

Slip and Fall Accidents

Wet decks and stairs account for a large number of passenger injury claims aboard cruise ships. These are essentially premises liability cases in which the cruise line owes a duty of reasonable care under the circumstances to all of its passengers or invitees.

Shore Excursion Injuries

When injuries occur during a shore excursion, it may be difficult to establish the cruise ship’s liability, as the excursions are usually contracted out to separate legal entities who the cruise lines claim are solely liable. However, where the ship is backing and promoting the contracted shore excursion operator or company, you may have a claim against both the individual operator and the cruise ship.

Tender Accidents

Tenders are the ferry boats that take passengers from the ship to the shore. Injuries can occur aboard tenders for numerous reasons, including simple negligence, inadequate experience, improper training and supervision, excessive speed, or an insufficient number of employees to help passengers.

Onboard Medical Malpractice

Cruise ship passengers rely on cruise ship employees and medical personnel to promptly and properly address injury and illness. Unfortunately, sometimes medical malpractice occurs on cruise ships, just as it does on land.

Spa Injuries

Although the spas onboard cruise ships are supposed to be relaxing, serious injuries can occur. Since the spa operator is usually contracted through the cruise line, personal injury claims can frequently be filed against not only the spa operator but in certain situations, against the cruise line as well.

Dram Shop Liability

Cruise ships are liable for serving alcohol to clearly intoxicated passengers who then sustain severe injuries or cause injuries to other passengers. In this scenario, the ship is responsible for any injuries or damages that result.

Seaman’s Rights and Remedies

In 1920, the federal government passed the Merchant Marine Act of 1920, or The Jones Act, as it is more commonly known. This act, based on similar legislation protecting railroad workers, governs injury claims by seamen and crew members. Under the Jones Act, those injured must show negligence on the part of the captain or shipowner. These claims are complex and should only be handled by an attorney experienced in this area.

Please consider the following:

  • Individuals that sail with the ship for a certain period of time, such as shore-based supervisors, may also be entitled to protection under the Jones Act. We can discuss your situation and determine if your time spent on the ship qualifies you for the Jones Act protection.
  • Also, our firm does not handle only injury-related matters for seamen and crew members. We also represent them in stand-alone wage claims and wage claims pertaining to the injury in question.

Seaman’s Claim for Injury, Illness, and Death

If you are a seaman that works on a vessel that routinely sails in and out of ports in the United States, you have certain rights under the laws of the United States of America. In fact, even if you are not a United States resident or citizen, or if you signed an employment contract waiving your rights, or if they sent you home because of illness or injury before you could take any action in the United States, you may still have remedies. Your rights include:

  • The right to receive money damages for any injury or illness you suffered while working, which resulted from either the negligence of your employer or unsafe conditions on the vessel
  • The right to prompt and adequate medical care for any illness or injury, regardless of fault
  • The right to receive maintenance (hotel, food, etc.), and sometimes your wages while you are being treated for an illness or injury
  • The right to twice the amount of any earned wages if not timely paid and if discharged in a United States port
  • The right to work aboard a safe and seaworthy ship, free of any defects

In the United States, you are allowed to hire an independent attorney to protect your rights and to file claims against your employer and the vessel to recover damages for your injury, illness, or wages.

Our Florida Office Locations

Viñas & DeLuca is headquartered in Miami, Florida and has offices available for consultation in Miami, Boca Raton/Palm Beach, and Tampa. We have handled cases in multiple state and federal jurisdictions throughout Florida. Click here for more information.

Contact a Miami Boat Accident Attorney

If you or a loved one were injured in a Florida vehicle accident, contact Viñas & DeLuca for a free and confidential consultation by calling (305) 372-3650. Or, you can complete our Free Case Evaluation Form or easily chat with us online and one of our attorneys will contact you right away. We are here 24/7/365 to speak with you and answer your questions. If you cannot come to us, we will come to you.

 Our Process

The 4 Steps We Take After You Retain Us

01. Report

We notify all insurance companies and potential defendants that we represent you. From there, we handle everything. You will not need to speak with anyone but your lawyers. All communications go through us – your advocates.

02. RECOVER

We help you get the medical care you need when you need it. Our lawyers and staff help you make appointments, obtain medical advice, and recover from your injuries, both physically and financially. We are at your side each step of the way.

03. Review

Our lawyers and medical experts review your medical records to determine the most effective way to present your injury claim. This may require forensic expert reports, professional medical illustrations, or 3D animations of your accident or injury. We spare no expense when it comes to effectively telling your story.

04. ReSULTS

Drawing on decades of combined legal experience, our lawyers aggressively pursue top dollar settlements and verdicts for each of our clients. The vast majority of defendants in our cases choose not to go to trial against our law firm, setting the stage for our clients to receive satisfactory settlements and results.

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Francisco Viñas
Personal Injury Attorney
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Jarrett L. DeLuca
Personal Injury Attorney

South Florida Boat Accident Lawyer

The attorneys at Viñas and DeLuca have over 35 years of combined experience handling personal injury and wrongful death claims throughout Miami and the State of Florida.  Over the years, we have recovered millions of dollars for our clients, representing them in both state and federal court.  Each of our attorneys is AV rated by Martindale-Hubbell, signifying the highest level of professional excellence for legal knowledge, communication skills, and ethical standards.  The Attorneys at Viñas and DeLuca have also been recognized by Super Lawyers, The National Trial Lawyers Top 100 and Top 40 under 40, Avvo, and others. While the results of any case can vary depending on the facts, our commitment to winning big for our clients never changes.

Request A Free Consultation
With An Experienced Attorney

We offer our services on a contingency fee basis, which means that you do not have to worry about legal fees unless we win your case. That’s right. You get to focus all of your time, energy, and money on getting better while we handle your personal injury case. You only have a limited amount of time to file a claim, so contact us today. We’re available to assist injury victims throughout Miami-Dade County.

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          The attorneys at Viñas & Deluca, PLLC have the experience necessary to help you make the most of your case. Our principal office is located in Miami, Florida. All office visits are by appointment only.

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          9200 S. Dadeland Blvd Suite #400, Kendall FL 33156

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