Articles Posted in Boating Accident

Under Florida law, parties who choose to pursue claims in civil lawsuits must abide by any applicable rules of procedure. This means, in part, that they must either answer discovery requests or set forth a valid objection explaining why they are refusing to answer. Parties that do not willingly respond to discovery requests may be compelled to do so by the courts. In a recent opinion issued in a case involving a boating accident, a Florida district court discussed the parameters of discovery in personal injury cases. If you were hurt in a boat collision, it is advisable to confer with a Florida personal injury attorney about what damages you may be able to recover in a civil lawsuit.

The Defendant’s Requests and Motion

Reportedly, the defendant began the subject proceeding pursuant to the Supplemental Rules for Admiralty or Maritime claims by requesting the right to exoneration and the limitation of liability of all claims arising out of a boating accident in August 2020. The plaintiffs filed answers and affirmative defenses to the claims. The defendant then served discovery requests on the plaintiffs, which the plaintiffs answered.

Allegedly, the defendant contacted the plaintiffs about deficiencies in the discovery responses. The plaintiffs did not respond, and the defendant moved to compel complete responses and requested reasonable attorneys’ fees for the cost of pursuing the motion. The plaintiffs did not respond. Continue reading ›

Florida has many navigable bodies of water, and many people throughout the state own boats. It is not uncommon for boat owners to lend their crafts to other people to enjoy without a second thought. When a person operating a borrowed boat acts carelessly, though, it can result in unintended consequences for the owner, including potentially the imposition of liability. In a recent Florida opinion, a court discussed the grounds for holding a boat owner liable for negligent entrustment in a case in which a person suffered critical injuries while riding as a passenger in a borrowed boat. If you suffered injuries in a boating accident, it is in your best interest to speak to a trusted Florida personal injury attorney to determine your possible claims.

The Boating Accident

Allegedly, on a summer afternoon, the plaintiff, the driver, and another friend when riding on a boat owned by the defendant. The driver suddenly and unexpectedly turned the boat, causing the plaintiff to fall off. The plaintiff’s right leg suffered severe wounds, and his right hand was almost completely severed. The driver was arrested and charged with stealing the boat and died by suicide prior to trial.

It is reported that the plaintiff then filed a negligent entrustment claim against the defendant, arguing that he should be liable for the plaintiff’s harm for carelessly allowing the driver to use his boat. Following discovery, the defendant moved to have the plaintiff’s claims dismissed via summary judgment. Continue reading ›