My frend/the owner of the boat was attempting to dock the boat when the accident happened. I had climbed onto the dock, and was standing on the dock waiting for her to finish, when a wave pushed the boat up onto the dock (and onto my foot). Had to get surgery, etc.. Just wondering what the negligence laws are in Florida as I know I would need to prove liability in order for my case to be successful.
An operator of a vessel is liable for the damage it causes while under the operator's control. I would contact an injury lawyer now. There are multiple issues created by your short factual statement. Was the wave actually the boat's own wake? Was docking in rough waters safe under the circumstances? Did the operator perform the deboarding safely? These are just some of the multiple inquiries that need to be made to determine liability in your claim. Get counsel.
Sorry to hear about your injuries. Ultimately, more facts are going to be needed to be able to give you an accurate answer as to whether you have a case. Generally, to prove a negligence action you must demonstrate that there was a duty owed, a breach, causation of injury, and damages. I recommend contacting an attorney to you review your potential case. Florida has a limited time in which one can bring a lawsuit, therefore I would consult with someone soon. If you need someone to take a look at your case or if you have additional questions, feel free to ask.
Contact a lawyer. The question is whether the boat owner and/or those under his control and/or dockmaster acted with proper care. The facts sound like negligence. Given the nature of the injuries, it is a fairly serous case.
Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. Attorneys matter. They change their gameplan when a lawyer is involved. It seems like your injuries are more serious.
For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.
If you have any further questions, contact one of the fine lawyers avvo has here or through the "find a lawyer" section. No lawyer here can solicit your case, so it is up to you to find one who you think can be your advocate through this tough time.
No attorney-client relationship is established and responses here are general first impressions. You should consult with a lawyer about your problems.
Seek out a personal injury attorney through AVVO and make sure that attorney has experience in these types of cases. Use the "Find a Lawyer' tool bar to select an attorney. If any maritime law comes into play you will have an attorney to get assistance from another attorney. Good Luck.
A local personal injury lawyer can investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
This case is controlled by federal maritime law, as the negligence occurred on navigable waters ( presumably from your limited facts). You should contact a maritime lawyer as there are different rules when maritime laws apply, including the right of the boat owner to limit their liability by filing suit in federal court, though strict time limits apply, after receipt of notice of your injury claim with a threat to sue. Ordinary negligence is not your standard. Also as this is an allision, a boat colliding with a fixed object, certain favorable presumptions apply, which ordinary negligence does not cover.
LEGAL ADVICE: Unless you have retained me as your attorney, and I am currently engaged by you and providing you with legal advice and services, nothing in this post is intended to be, nor may it be construed as, legal advice.
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