IF YOU HAVE BEEN INJURED WHILE BOATING IN MIAMI, CALL (800) 863-5312 TO SPEAK WITH ONE OF OUR FLORIDA PERSONAL INJURY ATTORNEYS
Water accidents occur for many different reasons and cause a variety of injuries. For example, careless boaters can cause dangerous wakes that may drown a nearby swimmer, or a boat operator who is under the influence of drugs or alcohol may crash into another boat or large object.
If you have been hurt while on the water in Miami and need a lawyer, we may be able to help. Zinda Law Group personal injury attorneys have the resources and experience necessary to help guide you through the entire legal process. Our team can help investigate your case, determine who is at fault, and fight on your behalf to get you the compensation you deserve for your injuries. Call (800) 863-5312 to speak with a Zinda Law Group personal injury attorney today to discuss your personal injury case.
different kinds of water accidents
There are many ways to enjoy the water, especially in Miami. After all, Miami is the land of beautiful, tranquil beaches. In fact, South Beach, a two-plus mile stretch of sand along Miami’s southeastern tip, consistently ranks among the world’s best beaches. Miami also boasts numerous water sports and activities, such as boating, parasailing, tubing, and more. It is not surprising, therefore, that water accidents are not uncommon. Below are different kinds of water accidents that may occur in Miami:
Scuba Diving Accidents
Scuba diving is a great way to observe vast underwater ecosystems, beat the heat, and have fun. Although you may not realize it, Miami Beach is actually a barrier island composed of limestone coral rock. Miami is also a gateway to the uppermost Florida Straits, which is the third largest barrier reef in the world. It is clear, then, that Miami is a great place to visit if you are interested in scuba diving or snorkeling.
It is important to note, however, that scuba diving accidents do occur. For example, if an instructor is not trained properly, he or she may be negligent in telling you how to use your equipment, may bring you to unsafe waters, or may otherwise fail to teach you to dive safely. A dive company may also be responsible for your injuries if the company failed to use reasonable care in maintaining its diving equipment.
Boating can be an enjoyable way to spend a long summer afternoon; however, if the boat is not operated correctly, accidents may occur, resulting in serious injury or even death. A distracted boat operator may drive at dangerous speeds, a boater who has been drinking may fall overboard and drown, or a boat operator may not be paying attention and crash. Any of these accidents may end up causing serious injury or death to the operator and occupants of the vessel.
Boating accidents have been known to cause a wide array of injuries, including:
- Accidental drowning
- Broken or fractured bones
- Internal bleeding
- Spinal cord injuries
According to the Centers for Disease Control and Prevention, approximately 10 people die each day from unintentional drowning. Approximately one in every five people who die from drowning are children 14 years old or younger. Many factors influence drowning risk. Examples of these influences are:
- Inability to Swim: Many adults and children report that they are unable to swim. Research has shown that participation in swimming lessons can reduce the risk of drowning among children.
- Lack of Close Supervision: Drowning can happen quickly in anywhere there is water, such as in bathtubs, swimming pools, or even buckets. Always supervise children around water.
- Alcohol Use: Among adolescents and adults, alcohol use has been reportedly involved in up to 70% of deaths associated with water recreation. Alcohol may negatively influence the user’s balance, coordination, and judgment, leading to an accident.
Diving Board Accidents
Another great way to beat the Miami heat is to go swimming at a friend’s house or public swimming pool. Just as fun is jumping into the ocean or river from the diving board on a friend’s boat. However, if the diving board at the pool or on the boat is poorly maintained, it may result in injury to the user. For example, the board’s bolts and screws may have become loose, creating the risk of a puncture injury. Common injuries associated with diving boards also include:
- Broken bones caused by slips and falls
- Cuts and lacerations due to sharp edges
- Neck and spine injuries due to falls
- Traumatic brain injuries due to hitting one’s head against the board
If you were injured while on a diving board, the owner of the pool may be responsible for your injuries; however, you must be able to show that the owner was negligent in maintaining the board or otherwise failed to use reasonable care in the situation.
If you have been injured while on the water, it is important to contact an experienced personal injury attorney. Zinda Law Group Miami lawyers who discuss your case may be able to determine who is liable for your injuries. Our team has the resources and ability necessary to help you seek the maximum amount of compensation available in your unique case. Therefore, if you find yourself asking: “Do I need a Miami Lawyer?” you should contact a Zinda Law Group attorney today.
how to prove liability in a water accident
If you have been injured while on the water and are wondering if you may be entitled to compensation for your damages, you must be able to show negligence. In order to show negligence, you must be able to prove the following:
1. The Defendant Owed You a Duty of Care
A duty of care is the legal duty one has to act reasonably to avoid injuring another individual. This may include avoiding actions that would needlessly place others in danger. For example, a boat operator has a duty of care to drive the boat in a reasonable manner.
2. The Defendant Breached the Duty of Care
The next step is to show that the defendant breached their duty of care. This step may be the source of disagreement between the defendant and the victim. The victim must be able to show that the defendant’s actions have deviated from what a reasonable person would have done in a similar circumstance. An example of a breach of a duty of care would be if a boat operator consumed drugs or alcohol before driving the boat and began driving the boat in a careless manner.
3. The Defendant’s Breach Caused Your Injuries
Next, you must be able to show that the defendant’s breach caused your injuries. For instance, if the defendant boat operator was drinking while driving the boat, he or she may have breached his or her duty of care. However, if your injuries occurred after you were safely back on land, there is likely no causal connection between the defendant’s negligence and your injuries.
4. Your Injuries can be Compensated Through a Monetary Award
Lastly, you must be able to show that your injuries can be compensated through a monetary award. A monetary award can help pay for your medical bills and property damage, but cannot compensate you for embarrassment or a bruised ego.
If you were hurt on the water and need a lawyer in Miami, we may be able to help. Our experienced attorneys can help walk you through each step of the legal process and may help determine whether or not you have a potential lawsuit. Further, our experienced attorneys believe that no one should have to worry about being able to afford legal representation on top of the expense of their injuries or property damage. Therefore, our team is dedicated to providing top quality legal representation without the stress of having to pay up-front legal costs. You will not pay us a thing unless we are able to win your unique water accident case.
contact one of our experienced zinda law group personal injury attorneys today for your 100% free consultation
Boating, swimming, and scuba diving can be a great way to pass the time, beat the heat, and have fun with family and friends; however, accidents sometimes occur. Boats may capsize, you may be harmed on a diving board, or a dive company may fail to properly maintain scuba diving equipment, causing you serious harm. No matter the cause, it is important to contact an experienced water injury lawyer to help you get the compensation you deserve for your injuries or property damage.
If you have been hurt in a water accident and need a lawyer and are asking: “Is there a personal injury near me in Miami?” contact our experienced personal injury attorneys today. Our personal injury attorneys may be able to investigate your case, negotiate on your behalf, and fight for you in front of a judge if a favorable settlement cannot be made.
Contact a Zinda Law Group water accident lawyer today at (800) 863-5312 for your 100% free consultation. As always, you do not pay us a cent unless we are successful in winning your unique case. That is our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.