Being the home of two major ports (Port of Miami and Port Everglades) servicing both cargo and cruise ships, and a prominent playground for pleasure craft, South Florida experiences more than its share of ship and boating accidents. These types of  accidents fall under the umbrella known as Maritime Law, a fascinating and complex field involving numerous legal principles.

An individual's on board status dictates the legal principles controlling the case. Accidents involving crew members fall under the Jones Act (seamen vs. employers) and unseaworthiness (vs. the vessel owner and/or operator) principles, while accidents involving passengers aboard cruise ships and small pleasure craft more closely resemble land-based negligence laws.

Employment aboard seagoing vessels is highly dangerous. The combination of demanding work and Mother Nature make for risky conditions, often leading to serious and sometimes fatal accidents. Given the unique dangers and risks associated with maritime work, somewhat favorable laws have developed for the protection of ship workers for the negligence of employers.

While recovering from their injuries, crew members may also be entitled to receive lost wages and medical benefits, also known as Maintenance & Cure, from the employer or its insurance carrier. These benefits remain available until the injured ship worker reaches maximum medical cure, defined as the point beyond which there is no reasonable expectation of further medical improvement. Injured seamen may also be entitled to compensation for pain and suffering, future medical expenses, and loss of earning capacity. Paying this compensation will be the responsibility of the employer, the ship owner, and/or the entity controlling the operation of the vessel.

Accidents common to crew members include chemical exposure, being struck by falling and moving objects, and falling during heavy seas. In a recent case resulting in a successful outcome, our client sustained a significant back injury during an equipment rescue operation caused by captain impatience - undertaking a mission in dangerous conditions rather than waiting for conditions to improve - insufficient numbers of crew members, and a failure to issue a back brace to reduce excessive strain.

Cruise ship passengers and other individuals involved in pleasure-craft accidents on navigable waterways may also be entitled to compensation for pain and suffering, future medical expenses, and loss of earning capacity. Unlike crew members, however, they are not entitled to Maintenance & Cure benefits. The determination of fault and damages will be based on standards similar to traditional negligence law. Cruise ship passengers, in particular, must be concerned about a very short statute of limitations period, typically one year. Accidents common to non-crew members include sexual assault, food poisoning, slip & fall, and being struck by moving boats.

Although there are a countless number of reasons why accidents happen on the High Seas, most are foreseeable and preventable when thoughtful consideration is exercised. Safety can and should prevail over profits and expediency. 

Some of the firm's recent Maritime Law Blogs: 

Common Unseaworthy Conditions Constituting Jones Act Negligence

Maximizing Seaman's Recovery In Jones Act Personal Injury Cases

Our firm handles its Maritime Law cases on a contingent basis, meaning that our clients incur no expenses until we win the case, and we accept cases from throughout the world. Our staff speaks English, Spanish, and Creole, and other language interpreters are available as needed. 

Call or email now to schedule a free confidential consultation. Our offices are conveniently located in Miami Shores Village, just minutes from I-95 and Biscayne Boulevard. Parking is free. If necessary, a member of the law firm will come to your home, the hospital, or nursing home to meet you. We are available after hours and on weekends.