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 ›

Who Can File for Wrongful Death in Florida? Attorney
In the state of Florida, the personal representative of the decedent’s estate is responsible for bringing a wrongful death lawsuit. If your loved one recently passed away as the result of another person’s negligence, call one of our wrongful death lawyers as soon as possible. We can help you prove that the other party neglected their duty to the decedent to exercise reasonable care.

If you have any questions regarding wrongful death’s in Florida, please feel free to contact us and we’ll get back to you with an answer as soon as possible.

Q: Who Can File for Wrongful Death in Florida?

As a resident of Southwest Florida, you know that we live in a boater’s paradise! Unfortunately, accidents happen, even to the most experienced boaters. What’s your recourse should you be harmed on a recreational boat? Here are some of the important points you should remember if you’re injured while boating anywhere in the southwest Florida area.

Negligence is Key

The key to recovering damages from the person you believe is responsible for your boating injury is to prove that the injury is the result of negligence, or the failure to act with reasonable care. Injury doesn’t always occur because someone acted with negligence; sometimes, an accident is just that—an accident. Nobody is at fault. Therefore, it’s up to you and your lawyer to decide if the other party was careless and caused your injury with that carelessness.

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