Boating Accidents: Who is Liable?
If you are hurt in a truck accident with a commercial vehicle, you can often sue not just the driver, but also the truck owner, the shipping company, the truck maintenance company, the loading company, the cargo owner, and many other individuals whose negligence may have contributed to either the occurrence of the severity of the accident through negligent maintenance or hiring practices. The same should be true if you are involved in a boating accident, right?
Not in Florida. In Florida, the statutes state that "liability for reckless or careless operation of a vessel shall be confined to the operator in immediate charge of the vessel and not imposed upon the owner of the vessel, unless the owner is the operator or is present in the vessel when any injury or damage is occasioned by the reckless or careless operation of such vessel." This is more extreme than international law, which limits liability of owners whose vessels cause personal injury, but still holds owners responsible.
A Statute Favoring Corporations
Those most often protected by this liability limit are corporate boat owners, who are less likely to be on their vessel at the time of any accident. Owner-operators and recreational boat owners are more likely to be held fully liable for any boating accident, because they are more likely to be either operating their vessel or onboard the vessel at the time an operator makes a violation that is termed "reckless or careless operation." This not only skews the competitive environment against owner-operators in terms of any form of commercial boating operation, but also creates a dangerous environment where a corporation can perform nominal checks in hiring a boat operator, then wash its hands of any consequences that occur as a result of the operators less-than-superb performance.
Pursuing Those Responsible
If you're injured in a boating accident and try to receive compensation for the full extent of your injuries, you may find yourself stymied by this law. You find that the only person you can sue has little insurance and even less income, leaving you with huge bills and losses from the accident and no possible recourse.
This may be the time to seek out a boating accident lawyer. Although the law protects owners from direct liability, there are a number of ways in which a lawyer can make those truly responsible pay for their actions and your injury. Negligent hiring, negligent entrustment, negligent training are just a few of the practices that your lawyer can expose. In addition, your lawyer can show how the accident was caused or worsened by defective equipment on the boat due to negligent maintenance.
Related Tags: florida car accident attorney, florida car accident lawyer, florida car accident, florida car crash, florida boating accident lawyer, florida boating accident attorney, florida brain injury attorney, florida brain injury lawyer
If you have been injured in a boating accident, don't go it alone. Instead, consult the website of the Jacksonville, Florida boating accident attorneys at Hardesty, Tyde, Green, and Ashton, P.C. to learn more about your rights.
Your Article Search Directory : Find in ArticlesRecent articles in this category:
- Fishing With Gulp!
Living on the Texas Gulf Coast, I spend a lot of time near the water with a fishing rod in hand. The - Mexico Fishing
Fishing though primarily taken to be a hobby, is taken very seriously as a significant part of the - Fly Fishing - 5 Ways To Locate The Best Spot
Every town has one: the old man who knows every secret of the rivers and streams in the area, who ne - Virginia Charter Boat Fishing
Inshore fishing begins in the spring as Virginia charter boats and guides begin to target flounder, - Fishing Tackle Tips
Nowadays, much of our fishing is in artificial reservoirs with sharply sloping banks that once were - Plan A Fishing Trip With Your Family
Fishing can be a relaxing way to spend your weekends. It has been proven that fishing is one of the - Going Fly Fishing Anyone
There are thousands of live-bait anglers, who are excellent sportsmen, but the fly fisherman can pra - Fishing In Hawaii
The opportunity to be on a boat ready to catch fish, enjoying the beautiful scenery, and the camarad - Bennet Springs State Park
Because the weather was too cold in Chicago, we decided we needed a short fishing vacation. After al - Little Known Facts About Learning To Fish -- Find Interesting Guidelines Now
So you want to be thought how to fish I hear. Fishing is a nice sport but like anything else you hav
Most viewed articles in this category:
- How To Make Your Own Custom Fly Leaders
A properly designed and well-made fly leader serves as a vital connection between the fly line and t - Ultralight Fishing - The Most Enjoyable and Effective Way To Catch Fish
There are far too many anglers among us who believe that the most effective way to catch a fish is t - Do You Want To Catch More Fish? Then You Must Read This Article
There are some simple steps that you, the angler, can take in order to increase the amount of fish t - Homemade Boilies - Making Baits With Predigested Protein Ingredients
Predigested ingredients in dough / paste baits 'ground baits' and boilies are awesome!When used as m - Ketchikan Fishing For Cruise Ship Passengers
Ketchikan is located in Southeast Alaska on Revillagegedo Island. Revilla is accessible only by a - Carrying Live Worms While Fishing?...Problem Solved
Anyone who spends any time fishing with live worms deals with the problem of carrying that silly lit - Essential Expert Tips for Making Your Homemad Carp Baits and Catfish Baits!
How to creating a 'dry powder base mix' and how to mix this with other ingredients successfully:The - Making Homemade Fishing Baits -- Skyrocket Your Catches With This Powerful Information
Have you ever wondered why one guy seems to catch the biggest fish again and again, while the major - Fishing Northern Large Mouth Bass in Big Bear Lake
The Northern strain Bass only have time during the year to grow inches compared to the Florida strai - Winter Ice Makes Fishing Fun
With winter quickly approaching, people who live in some of the colder regions of the country are pr
