Falling in a vessel at a boat show

[Boatyarddog]

Originally Posted by 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.

So, you probably paid for a ticket to attend the show...
Look for a disclaimer clause in the print on it.

Most public venues include one for this very reason.
Probably your liability, as the boat was in the show.

Refer to legal advise.
And hope you heal without any more painful instances.
Boatyarddog

[Lake-Effect]

Originally Posted by Davidhoy

I find this entire thread to be a sad indictment of our society, and the unwillingness to take personal responsibility when accidents happen.

This depends on the society and its systems (healthcare, insurance, law). Depending where one lives, and one's actual loss...some sue because they must, and some sue because they can.

[flightlead404]

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.

Indeed. My back is like a stack of broken dishes from decades of Rugby, martial arts, high Gs, and simply being an idiot. I used to go through days and and days sometimes when I couldn't sit, stand, or lay down without extreme pain.

I can't answer the legal stuff but what I can say is as soon as you are possible start a thorough stretching routine and maintain that consistently. I stretch for about 45 minutes almost every day now, and it completely eliminates the need for any meds. Hugh improvement in quality of life.

[lestersails]

Originally Posted by flightlead404

Indeed. My back is like a stack of broken dishes from decades of Rugby, martial arts, high Gs, and simply being an idiot. I used to go through days and and days sometimes when I couldn't sit, stand, or lay down without extreme pain.

I can't answer the legal stuff but what I can say is as soon as you are possible start a thorough stretching routine and maintain that consistently. I stretch for about 45 minutes almost every day now, and it completely eliminates the need for any meds. Hugh improvement in quality of life.

Good advice. And be careful of doctors recommended by an attorney. They may not be primarily interested in you getting better.
But more important - absolutely, positively minimize the use of opiates.

[Popcorn]

Rather than finding a lawyer, possibly contact their insurance company and try to settle your medical bills by filing a claim first. Their insurance company's health and accident policy and liability policy including the marina rental of morring space are involved by their contract to be there in the first place and at least you will find some relief from your medical bills. Really no one wants lawyers involved unless you want more money from the claim for lost wages, pain and suffering or other reasons for the suit. If that doesn't work, your initial intent to recompense medical bills may not resort to a lawyer and be justified.

[jen1722terry]

Jenn and I extend our very best wishes for a good recovery.

Most lawyers will give you a free half-hour consult. Maybe talk to a few PI lawyers and a few maritime lawyers. If it's a good enough case for them to do it at no cost to you, it's probably a good measure of the quality of the case.

I got sued often in my government work (officially, not personally). I noticed there are lawyers who always settle cases because it is easier than the long, involved jury trial process, which can yield higher awards. Maybe try to avoid this type of lawyer.

So, ask the lawyer if he/she tries a lot of cases. If so, ask for the case numbers and state. You can then research the cases on-line to see if the lawyer actually tried the case and what the outcome was. You want to look at the facts of the case, and the final judgement as well as any later settlement documents.

Also, just google the lawyer's name and you may find press reports of trials and judgements.

Best of luck. Keep us all informed as your case proceeds. Lots or us go to boat shows.

[Montanan]

Originally Posted by conchaway

"One hand for the ship. One hand for yourself".

[Montanan]

Copied from Boat Dealer Insurance Broker website:

https://www.emcins.com/boatdealers/#...%20the%20costs.

Boat Dealer Insurance
EMC Insurance Companies has the knowledge and expertise to provide you with the right boat dealer insurance. We offer a full range of marine dealer insurance policy options including boat trailer dealers, marine supply stores and outboard motor dealers.

What Type of Boat Dealerships Is This Coverage Right For?
The boat dealer insurance program is designed for boat dealers that are located away from the water and that will occasionally operate watercraft on non-navigable inland waterways.

Types of Boat Dealer Insurance
Your boat dealer insurance policy can include a variety of individual coverages, including:

Business Auto Insurance for Boat Dealers
covers company vehicles driven by your employees and provides protection in case of an accident.
For example, if your employee accidently causes a rear-end collision while driving a company vehicle, auto insurance would help cover the costs.

Cyber Liability Insurance for Boat Dealers
helps your dealership recover from a data breach by helping cover the costs of:
Computer software restoration
Data recovery
Defense and liability
Identity recovery for key individuals within your organization
Response efforts
Third-party liability protection
Essential Property Insurance for Boat Dealers
helps protect your dealership’s buildings, boat inventory and other property against physical damage.
For example, if your showroom is damaged due to a fire, property insurance would help cover it.

General Liability Insurance for Boat Dealers
protects your dealership from liability exposures such as injuries, faulty work or damage to a customer’s property.
For example, if a customer were to slip and fall while viewing your inventory, general liability would help cover the costs.

Umbrella Coverage
provides your business with additional security in the event of an expensive liability claim that would otherwise exceed your coverage limits.
Workers’ Compensation Insurance
covers medical expenses and compensation for workers who get injured while on the job (available in select states).
For example, if an employee hurts their back while lifting a piece of equipment, workers’ compensation insurance would help cover the costs.

[Uncle Bob]

Originally Posted by Popcorn

Rather than finding a lawyer, possibly contact their insurance company and try to settle your medical bills by filing a claim first. Their insurance company's health and accident policy and liability policy including the marina rental of morring space are involved by their contract to be there in the first place and at least you will find some relief from your medical bills. Really no one wants lawyers involved unless you want more money from the claim for lost wages, pain and suffering or other reasons for the suit. If that doesn't work, your initial intent to recompense medical bills may not resort to a lawyer and be justified.

A common-sense approach, however she has already said that a million dollars wouldn't be enough for the "theft" of her cruising ambitions in her golden years. Could it be that she is making like an Olympian, going for gold?

[Clivevon]

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???

I’m with you. Didn’t she see the sign that said you board this boat at your own risk? Or the terms & conditions of her boat show entrance ticket saying that being around boats can be dangerous if you dont take the requisite care & absolving the show organisers & exhibitors of responsibility.

Also I’m not a lawyer but i would think the OP has definitely compromised any possible case she may have had by posting details of what happened on this forum demonstrating that she was at least partly at fault. Also maybe contravened the terms of her health insurance by posting here. I think she should definitely go quiet before doing herself more damage.
I assume any potential boat buyer does have health insurance?

[more]

after receiving medical care, you must report the accident to the boat owner/broker/boat show xxx. Failing to report a slip and fall accident to the property owner could eliminate your chances of filing a lawsuit or recovering compensation. Insurance companies will question the legitimacy of your slip and fall claim if you never receive medical attention and if you never report the incident to the owner/broker/boat show xxx
In the state of Florida, you have four years (check with lawyer but 99,99% 4 y) from the date of your slip and fall accident to file a lawsuit against the property owner. If you do not file within four years, you will miss the opportunity to seek compensation for your injuries.

Under Florida law, property owners are obligated to maintain a relatively safe environment for their guests to prevent any unnecessary harm. This means that property owners must take the proper precautions, such as installing handrails, fixing uneven floors, and cleaning up spills, to reduce the chances of guests being injured while visiting their property.

now need a maritime lawyer to find is necessary on boat installing handrails i dot know.

read here more

https://www.ddlawtampa.com/slip-fall-faqs/

but quick search if you receive 50000-100000$ you be happy.

but every judge's court is different. 1 000 000 $ you dreaming if you receive 1 mil I give you 1 mil if not you buy me lunch
restaurant Gariful Hvar

PS.
My ex. a lawyer never want to tell me we win or lose. we are friend i ask why. he say when i be young i be shore we 100% win law is on our side, he lose. i don't pay tax sales tax. i collect money in name of state and i don't send this money to the government. Government sues me and after 12 year i win on court .

this is law and good lawyer

[boatman61]

Beneteau's do kinda suck for handholds going down into the hulls..

[Tetepare]

Sorry to hear of your injury. Hope you recover quickly.

As said, post nothing more. It will only be used against you.

Ambulance chasers and DUI lawyers don’t just take any case. They have perfectly refined reusable strategies that rely on recurring failures and loopholes. Good luck on a freebie ambulance chaser.

LOL. I had to look at photos to determine if our boat has a handrail. It does not. Nor did the last boat. Not that I haven’t put my tailbone on a step, I have, and on others’ boats as well. My fault.

Finally, an observation that theres a trend here for bifurcation of pro-responsibility/pro-ambulance chaser, pro/ anti gun, and covid masking crowds.

[valhalla360]

Originally Posted by Lake-Effect

Good advice.

Some of us are not used to life in a place where healthcare is often ruinously expensive or where litigation is so often necessary. There's a different take on where responsibilities begin and end. And we are uncomfortable with the idea that the misfortune of a simple accident (if there was no negligence), and the ensuing medical or legal morass, could lead to financial hardship for either the plaintiff or the defendant. But that's why there's insurance.

We wish for the OP a speedy and full recovery, and the fulfilment of her planned retirement.

From some of the comments, it sounds like she is more interested in the big dollars that come from the "pain & suffering" angle.

Having left the company paid insurance game recently and done a lot of research:
- If you are low income, you get free govt insurance.
- If you have moderate income, you get heavily subsidized insurance.
- If you are wealthy, you can still get insurance.

We are currently paying $200/month with a $750 deductible...If you are retired and set things up properly (you can control what qualifies as income), you get the heavily subsidized insurance.

[Madehn]

JMHO. FIRST I wish you the best health wise. Quick recovery! I would like to think that between your personal health insurance and their liability insurance your medical bills will be handled. As for pain and suffering etc. sorry you made a lot of decisions here and certainly at least share in any responsibility. Why go down a dark stairway? Why even go on a boat that you believe shortcuts safety for the sake of saving dollars? Bad things sometimes happen and sometimes people pay consequences for decisions they make. Again I hope you heal well and as painlessly as possible but you also need to accept that you are a decision making adult who bears consequences both positive and negative for your decisions. Not a popular viewpoint in today’s “victim world” but is my opinion. Again all that being said you have two ways to go here. One focus on healing and getting well by focusing on care. Two. Focus and put some effort into who else you can blame. I know the second is tempting but for your own sake I would encourage you to focus on the first route. Good luck with your recuperation Focus on getting the very best medical care possible as quickly as possible and follow Marks advice.