Many Florida residents enjoy spending time on the water. Unfortunately, some people do not take the responsibility of safe boating seriously. If you have been injured in an accident caused by a negligent individual or company in the Fort Lauderdale area, you can possibly hold them accountable. A dedicated injury attorney at Cecere Santana can handle all the aspects of your case, from discussing your options and gathering important evidence to seeking a fair settlement and taking your case to trial if necessary.
Seek Compensation after a Boating Accident
A person hurt in a boating accident caused by the carelessness or wrongdoing of another party may file a lawsuit in state court. In many cases, the proper cause of action is a negligence claim. Proving a negligence case requires showing several elements by a preponderance of the evidence, which means that they are more likely than not to be true.
The first step is showing that the defendant owed a duty of care to the victim. In a boating accident involving private parties, the defendant likely owes a duty of reasonable care. This means that the defendant must avoid unreasonable behavior that could foreseeably harm others. In the event of a ferry accident or some other mishap that involves a company paid to transport people, the defendant may owe the victim a higher standard of care.
It is also required to prove that the defendant breached this duty by failing to meet the standard of care. Common examples of a breach of the duty of reasonable care include operating a boat at an unsafe speed or while drunk. These are unreasonable behaviors that endanger other boaters and passengers, and there are many other ways in which the duty can be breached.
Another element is causation, which is a complex concept comprised of two sub-elements. Factual causation is also sometimes called “but-for” causation because of a common way of determining whether it exists. If the victim would not have been hurt but for the defendant’s behavior, the factual causation sub-element is generally met. The other half of causation is legal causation, which is based on foreseeability. If the injuries were a foreseeable consequence of the defendant’s breach, the defendant can be deemed a legal cause of the injuries.
Depending on the circumstances of the case, there are other causes of action that may be appropriate. For example, an accident caused by a defective product — such as a boat engine — may make its manufacturer or designer liable. An experienced attorney can help determine who may be at fault for your injuries.
If a plaintiff successfully proves a case, he or she may be entitled to collect compensation for any physical, emotional, and financial harm. These often include pain and suffering, medical bills, and lost income. In certain cases when a defendant consciously disregards the safety of others, the plaintiff may consider seeking punitive damages.
Discuss Your Negligence Claim with a Fort Lauderdale Attorney
People and entities in Florida must keep safety in mind on the water. If you were injured because someone acted negligently, you may be able to seek compensation from the responsible party. The accident lawyers at Cecere Santana can help you assert your rights in Fort Lauderdale and other communities throughout Florida, including Miami, Sunrise, and West Palm Beach. To schedule a free consultation, call 800-753-5529 or Contact us online.
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