Articles Posted in Florida Boat Injury Lawsuits

Florida_Tug_Boat_Accident_Law-188x300The Florida maritime lawyers of Brais Brais Rusak successfully obtained an Order dismissing a counter-claim brought against their client by a tug and barge company.

On March 9, 2016, the firm’s clients were fishing in the Indian River when their boat’s outboard engine broke down.  The two men were able to navigate the disable fishing boat along the shore next to the Beyel Bros.’ tug and barge facility located in Ft. Pierce, Florida.   Beyel Bros. dispatched a small Jon Boat to tow the disabled fishing boat away from its facility and to a nearby boat ramp.  While in the process of towing, a Beyel Bros. tugboat backed down on and collide with the fishing boat.  The collision caused firm’s clients to be ejected into the water and the boat to overturn.  The men suffered personal injures as a result of the boating accident.

Brais Brais Rusak filed a lawsuit in a Florida Federal court alleging the tug and barge company’s employees were negligent by towing the fishing boat in the path of the backing down tug as well as the failing to keep a lookout posted on the tug to observe the fishing boat under tow.  The tug company filed a counter-claim against the fishing boat’s owner for what is known contribution.  A contribution claim is a legal theory where a defendant may seek re-payment against a contributing tortfeasors for the amount paid in damages beyond the percentage of fault attributed against the defendant in causing the accident.   In order to be successful, the Defendant must show that the injured party’s harm emanated, at least in part, from a duty that the would-be contributor breached.

Florida-Keys-Dive-Lawsuit.jpgOur firm has filed a wrongful death lawsuit on behalf of the family of a Florida Key’s dive boat crewmember who lost his life. On the night of November 15, 2015, the crewmember was serving as a deck hand aboard a dive boat while seventeen SCUBA divers were participating in a wreck dive. Court papers allege that at the end of the dive profile, four of the seventeen divers had not returned to the dive boat. The captain observed two of the divers approximately 300-400 feet away and the other two further down current. The crewmember entered the water to assist the divers back to the dive boat. He reached the first two divers and provided them a fixed line so they could be pulled back to the dive boat. He then continued to swim to the other two divers further down current — now about a half mile from the dive boat. While the crewmember was swimming to the two remaining divers, the Captain retrieved the dive boat’s anchor, stowed the deployed appurtenances. By the time the captain made way and maneuvered the dive boat to the crewmember, he was found floating unresponsive. He later perished leaving behind a wife and two minor children.
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Jet-Ski-Accident-1.18-Million-Dollar-Verdict.jpgOur client Khalila Jenkins was enjoying Labor Day Weekend in Miami Beach in 2013 when she decided to go jet skiing with friends. The group rented the personal watercrafts and took off to ride in the area designated by the rental company. The rental company required the group as well as other people who rented personal watercrafts to remain in an area which was marked by floating markers. Ms. Jenkins was riding on the back of the Jet Ski while her friend operated the craft. Before long Ms. Jenkins noticed that some of the people were operating their jet skis in a reckless manner, playing games of chicken and trying to splash one another with the spray from the crafts’ pump. Ms. Jenkins told her friend who was operating her jet ski to move away from those people which he did. While returning to shore, Tony Jakes of Nevada, t-boned the personal watercraft Ms. Jenkins’ was riding at full speed. This collision caused a displaced fracture of Ms. Jenkins’ left tibia and fibula before ejecting her into the water. Luckily, she was wearing a life jacket at the time. This, perhaps, saved her life.
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Miami Boat Injury Lawyer.gifOur law firm has been retained by a deckhand who was injured while working aboard a recreational boat on Biscayne Bay. Court papers allege our client was cleaning up after a party when the owner of the boat collided with a piling located near the mouth of the Miami River. The collision caused our client to be thrown into the closed salon door resulting in a permanent and debilitating knee injury. Under maritime law, an employer is required to provide workers a reasonable safe and seaworthy boat to work upon. The complaint alleges the legal duty was breached by the actions of the boat owner. This lawsuit is currently pending before the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.

Florida Boat Injury Lawyers.jpgThe Florida boat accident lawyers have been retained to represent a New Jersey man who was injured aboard a charter boat operating near Tampa, Florida. The guest fractured his ankle while boarding the charter boat.