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- Caution: Boating in Florida May Be Fun, but Know the Risks
Summer is the time of year when people usually think about all the time they plan to spend outside enjoying the weather and spending more time with their family. While Florida’s climate allows for outdoor activity year round, there is still an emphasis on doing more during this season, now that children are out of school. Many of these activities happen on or around water due to the state’s geography, and as a result, Florida has one of the highest levels of boat ownership in the country.
- The Zone of Special Danger Doctrine and the Defense Base Act
The Zone of Special Danger Doctrine has been the subject of numerous lawsuits under the Longshore & Harbor Workers' Compensation Act, and the Defense Base Act. What is it? How have the courts applied it to claims? Where did it originate?
- Commercial Fisherman and the Jones Act
Many in the commercial fishing industry are prone to a high frequency of injuries and even death. The most common causes of injury and fatalities on commercial fishing vessels occur due to falling overboard, drowning, hypothermia, and equipment malfunctions. Most fishermen don’t realize that the Jones Act covers them when they suffer injuries at sea. Fishermen and other seamen that suffer injuries at sea are not covered by the traditional workers’ compensation laws.
- Cruise Ship Injury During a Shore Excursion: Who is Responsible?
Cruise Ship companies, such as Holland America, can be held liable for injuries that occur during shore excursions.
- Suing Owners of Vessels and Limited Liability
Under the Jones Act, an individual who suffers injuries while working at sea is entitled to sue the employer and owner of the vessel for injuries that are the result of negligence. The individual working at sea is called a “seaman” and individuals who are crew members to captains of vessels fall into this category. Even part-time seamen who spend 30 percent of their time at sea qualify under the act. There are multiple ways where vessel owners will try to limit their liability.
- Top 10 Causes of Boating Accidents
Keep yourself safe while boating and avoid these common reasons for boating accidents.
- Can You be a "Seaman" and Covered under LHWCA at the Same Time?
In Maritime law, I have personally witnessed crew members of a vessel receiving benefits under the LHWCA while seeking a lawyer for maintenance and cure under the Jones Act. Many lawyers incorrectly assume classification as a "Longshore Harbor Worker" excludes "Seaman" status under the Jones Act. While this would seem a logical inference, logic does not live in a vacuum. With changing circumstances, an inference can change.
- New 5th Circuit Case Affects Rights of Seaman Injured while at Sea
Maintenance and cure are damages that have been recognized in Admiralty law for hundreds of years. Maintenance and cure damages allow for support of a seaman who was injured or falls ill while at sea. The support must be paid by the employer. What happens if the seaman falsely reported that he had no pre-existing injuries to his employer on his job application? Can the employer seek restitution for money paid for injuries the seaman failed to disclose? This article addresses these questions.
- Questions about Admiralty or Maritime Law
Learn if you qualify for Admiralty or Maritime Law if you have been injured while serving upon a boat in navigable waters.
- Injured While Water Skiing, Who Is Liable?
Water skiiing is a lot of fun. The thrill of “standing” on the water, whizzing along at incredible speeds, and the inevitable splash at the end. But, what happens when something goes wrong and someone is injured while out there water skiing?