Personal Injury Boating Accidents
Boating Accident Information
Louisiana and Gulf Coast residents enjoy access to The Gulf of Mexico, Lake Pontchartrain and a vast array of other rivers and bayous. Personal watercrafts ranging from fishing boats, ski boats, pleasure barges and even jet skis are a popular pastime. While being out on the water can be fun, it can also be a potentially dangerous undertaking. With so many boaters on the water and the increase in popularity of smaller and quicker personal watercraft devices such as jet skis, there is the increased probability of being involved in a boating accident.
Boating accidents that occur on the water may often be the result of another boater's negligence. Speeding, disobeying no wake zones and drinking alcohol all contribute to boating accidents. When these situations occur, the issue of the wrongdoer's negligence will often be considered and may subject that person to state tort law claims. However, there may be other remedies available. If your boating accident case falls within the admiralty jurisdiction of a federal court, you may be able to bring a federal maritime claim as opposed to a state law claim. Due to the complexities of federal maritime law, it is important that you have a knowledgeable, experienced attorney evaluate your accident case in order to determine what course of action will be in your best interest. An attorney with the proper skills will be able to properly explain the advantages and/or disadvantages of filing your case as a maritime claim within the federal admiralty jurisdiction versus filing your case under state tort law.
Louisiana Boating Accidents Claims and Remedies
When you are involved in a boat accident that falls within federal maritime law, you may be entitled to various legal remedies that are unique to admiralty jurisdiction including:
- Jones Act claims,
- unseaworthiness claims
- or claims for limitation of liability.
The Jones Act, also known as the Merchant Marine Act of 1920, allows an injured seaman to sue his or her employer for the negligence that caused their injury. A seaman for the purposes of a Jones Act claim is a legal term of art that is influenced by how much time the injured person spends working on a vessel in order to determine whether or not they qualify as a seaman.
The legal complexities surrounding the terms Jones Act, unseaworthiness and limitation illustrate the importance of having an attorney who can examine the facts of your case and apply them to appropriate laws to best execute an effective cause of action for your boat accident claim.
Boating Accidents as a Result of Product Defects
Although most boat accidents occur as a result of someone's negligence on the water, a thorough investigation of the accident may reveal that a product defect in the watercraft caused the accident and resulting injuries. Where a defect in the product has been found, your claim may be against the actual manufacturer of the product or if the manufacturer used parts in their boat or jet ski that were produced by a third party manufacturer, you may have a claim against them as well.
In such cases, experts may be used to bolster your case by showing that accidents, such as the one you were involved in, do not often occur unless there was something wrong with the watercraft in use at the time. It may be a defect in the product.
The Bloom Legal Advantage
Boating accidents are a serious reality and often involve serious injury or even death. When you or a loved one has been involved in an accident on the water, you need an experienced firm like Bloom Legal that can look at your individual case and devise a legal plan that is best for you. You may be entitled to compensation for medical bills, lost wages, or for pain and suffering.
With a variety of legal claims to be made and compensation to be sought, Bloom Legal will fight to get you what you deserve when you have been affected by an accident on the water. Contact Bloom Legal today at 504-599-9997 or through the Contact form at the top left of this page to discuss the details of your claim.
-Bloom Legal LLC 700 Camp St Ste 212 New Orleans, La 70130-
New Orleans Attorney Blog
May 20th, 2013
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