Falling in a vessel at a boat show

[GoingWalkabout]

Last week at the boat show">Miami Boat Show I had the misfortune of falling backwards onto my back while navigating the stairs to look at the berths. The new catamaran had dark wood steps without any slip edging. The lower light was off. It was the afternoon with a dark sky and poor outside lighting coming in. This new design vessel had no stair hand rails or grab points. As I reached what I thought was the bottom of the stairs I stepped out into thin air. Yes there was another step that I didn't see. Like as if a cartoon character falling backwards after slipping on a banana peel, I fell straight onto my back. No way to brace my fall, the full force and weight of my body had my back slam into the sharp edged wooden stair steps. Miami Fire came and attended to me. They asked if I wanted to be taken to the hospital. Bravely I said no. Famous last words. The next day the pain was out of this world. I took myself to a nearby hospital ER. I soon found myself having a CT scan. Before I knew it I was having a long swab stuck up my nose for a Covid test. I was then told I was being transported by ambulance to another hospital that had neuro and orthopedic surgeons. I was then told I had multiple fractures in my spine. Four days on morphine in hospital was just awful.

Apart from dealing with my physical issues of a broken back. I am having to deal with escalating medical expenses. I don't want too but circumstances force me to seek compensation. So since the accident happened in a boat that was "on the water" but stationary tied up at the boat show does this come under maritime law requiring a maritime lawyer or should I hire an accident attorney? Sorry to ask this in the forum but I respect the collective knowledge of cruisers on this here.

[boatpoker]

I have three crushed discs and five fractured vertebrate from a motorcycle accident 52 years ago. I have lived in pain ever since. It never occurred to me to demand someone else pay for my poor choices.

[OutOfControl]

Originally Posted by boatpoker

I have three crushed discs and five fractured vertebrate from a motorcycle accident 52 years ago. I have lived in pain ever since. It never occurred to me to demand someone else pay for my poor choices.

Boatpoker,
She wasn't asking for your opinion on what may or may not have been a "poor choice" as you so eloquently phrased it. But rather what type of Lawyer she should consult with.

Going Walkabout, you should contact an accident specialist first and they may deem your case to be within their jurisdiction or better suited for a Maritime Lawyer.

Remember most Lawyers will accept cases without cost to you if they are not successful and Miami probably has more lawyers per capita than just about anywhere except Washington D.C.

[boatpoker]

Originally Posted by OutOfControl

Boatpoker,
She wasn't asking for your opinion on what may or may not have been a "poor choice" as you so eloquently phrased it. But rather what type of Lawyer she should consult with.

The answer is none.

[PirateFoxy]

Originally Posted by boatpoker

The answer is none.

If she has health insurance the lawyers are going to be involved anyway. In any kind of accident your health insurance will look to see who else they can get the money out of - home owners, commercial liability insurance, etc. Usually part of the terms of the insurance agreement is that they can sue on your behalf to recover funds, so they don’t ask you first, they just set their lawyers on the case.

Might as well make sure her personal interests are addressed in the proceedings instead of just the insurance company’s bank balance. (The insurance company does not win money for you, just money to repay what they’ve spent.)

[GoingWalkabout]

Originally Posted by boatpoker

I have three crushed discs and five fractured vertebrate from a motorcycle accident 52 years ago. I have lived in pain ever since. It never occurred to me to demand someone else pay for my poor choices.

I'm sorry for your accident and 52 years of pain. I'm truly very sorry. Of course, you wouldn't think of suing anyone because no else was at fault. If someone else was at fault in causing you to have your accident, then you should have claimed against them. In my case, not having handrails or safe grab points on internal stairs is, as my case proves, very dangerous. After I fell I asked the nice broker why the boat builder didn't have any hand rails. She said they were going for the modern, clean look. So aesthetics win out over safety. These immoral idiots should pay for what they have done. Add to this no step edging of a different color and to provide non-slip. So, in saving a few dollars in hardware, they endangered my life, causing multiple fractures broken back and may well have ruined my sailing off into my golden years forever. So, what would have happened if this happened on the high seas in the middle of the Atlantic? I may have to have surgery. I am having increased pins and needles in my foot. Pain in my rear end. Incredible pain in my back. I should say to new catamaran buyers looking at the shiny new attractive looking boats on offer out there. Please look at the boats' safety issues, including internal stair safety. I looked at Bali and FP catamarans. They all had handrails with anti slip edging on the steps in the internal stairs. The mass boat builders boat this happened on has already had issues with cutting costs in its materials, causing serious safety structural issues. I will not name them here, but my inclination is to do so just to warn others. All will be known, I am sure, in due course.

[GoingWalkabout]

Originally Posted by OutOfControl

Boatpoker,
She wasn't asking for your opinion on what may or may not have been a "poor choice" as you so eloquently phrased it. But rather what type of Lawyer she should consult with.

Going Walkabout, you should contact an accident specialist first and they may deem your case to be within their jurisdiction or better suited for a Maritime Lawyer.

Remember most Lawyers will accept cases without cost to you if they are not successful and Miami probably has more lawyers per capita than just about anywhere except Washington D.C.

Thanks for your kind and thoughtful reply. Thanks.

[GoingWalkabout]

Originally Posted by PirateFoxy

If she has health insurance the lawyers are going to be involved anyway. In any kind of accident your health insurance will look to see who else they can get the money out of - home owners, commercial liability insurance, etc. Usually part of the terms of the insurance agreement is that they can sue on your behalf to recover funds, so they don’t ask you first, they just set their lawyers on the case.

Might as well make sure her personal interests are addressed in the proceedings instead of just the insurance company’s bank balance. (The insurance company does not win money for you, just money to repay what they’ve spent.)

The collective wisdom of this forum is proving once again invaluable. Thanks PrirateFoxy.

[double u]

...o tempora, o mores!
if I am clumsy, ill informed or plain unlucky - -
there's got to be somebody else who can be blamed & sued.
"...immoral idiots..." hiding steps in darkness & showing handrails that are not there...
USofA???

[Celestialsailor]

This is exactly why I single-hand.
I lived on the Big Island, Hi. in the early 2000's. I had the most beautiful Plumeria trees for miles around. It was known by the locals, they could pick what they needed as long as they left some for others. One day I came out of the house to see a 6' tall gentleman standing on my 4 1/2' tall lava rock wall, beside the trees, with his 5yr old on his shoulders picking the flowers. I nicely asked them to stop and only pick from the sidewalk.
Conversation went like this:...
"Oh don't worry, we're not the kind that would sue if we fell." I told him that is exactly what you would do if you had a mortgage, was permanently out of work and no way to pay your bills.

[GoingWalkabout]

Originally Posted by double u

...o tempora, o mores!
if I am clumsy, ill informed or plain unlucky - -
there's got to be somebody else who can be blamed & sued.
"...immoral idiots..." hiding steps in darkness & showing handrails that are not there...
USofA???

Volumes have been written on the responsibility to take care to not cause another harm. If I dig a pit in my field and I fail to erect a fence, then I am liable if another person's animal falls into the pit.
This was written over 2,000 years ago. Safety liability is not a new concept.

[GoingWalkabout]

Originally Posted by Celestialsailor

This is exactly why I single-hand.

Something that struck me after my fall. Single handing for me. If a friend or family come aboard then they will have to sign a legal release 5 days before. Giving them opportunity to seek legal advise on the legal release they will be signing. This has been a big wake up call for me on so many levels.

[valhalla360]

I tend to agree with those who say take responsibility for yourself but really, this is a question to go ask a lawyer about...not random people on the internet.

If the insurance company wants to force lawyer to get involved, that's on them.

This does have consequences as next year, they won't let you on the docks unless you have been vetted as a legitimate buyers and sign a liability waiver.

[more]

Originally Posted by GoingWalkabout

Last week at the Miami Boat Show I had the misfortune of falling backwards onto my back while navigating the stairs to look at the berths.

read this this is similar your case.
maybe help you.

https://casetext.com/case/schneider-...superstore-inc

USA law is complicate

[gonesail]

i've done that too .. missed the bottom step. not good for your back and knees. but I never let go of the handholds .. therefore just hit the deck a little harder. sorry to hear of your fall and injury