Miami Recreational Boating Accident Attorney Pursues Justice for the Real Victims – Insurers, Boat Owners, Captains and Crew
Florida lawyer defends insurers, owners and captains of boats against people injured on the water
John D. Kallen handles claims involving boating or fishing accidents. Boating accidents cause about 600 deaths per year throughout the United States. There are many people injured each year on the waters of Florida. People who are injured on boats typically seek damages even though the captain, crew, operator or owner of the boat did nothing wrong. They simply fail to realize that being a passenger on a boat is not the same as being a passenger in a motor vehicle. Many attorneys representing these people look to Florida law and statutes which for the most part are not applicable to boating accidents.
Understanding the Legal Procedures and Rights
Depending on the circumstances of the accident, there may be a right to file a Complaint in Federal Court for exoneration from or limitation of liability. This procedure has strict procedural requirements and if done timely, can often result in a significant reduction of potential damages against an owner (and the insurer) of the boat, even if there is liability on the part of the operator of the boat. Boating accidents that are litigated in State court are subject to general maritime law which may effect the rights and liabilities of the parties. Knowing the substantive general maritime law, statutory provisions, and federal regulations that are applicable must all be considered in assessing and evaluating not only liability issues but also the potential exposure in the case.