Falling in a vessel at a boat show

[S/V Illusion]

Originally Posted by GoingWalkabout

I don't think a million dollars is enough to compensate me if I am unable to spend my finest later years fulfilling my dream of sailing around the world. A person works all their life for the dream of enjoying his or her golden years in retirement. Through someone's negligence, these golden years are taken from them. Their dream is stolen. Tell me how much compensation will really cover this monumental loss?

What a bunch of bs. How many other people walked up/down those stairs without accident?

Compensation is a function of accountability as well as your earning potential. As a retiree, the latter is zero. As to accountability, it’s apparent that is a term with which you are clearly unfamiliar.

[Talk Story]

I would start with the Broker's policy. Good luck, sounds aweful

[jeanathon]

Having broken my back when I was a teenager I feel your pain. However can we have a moment of silence for the irony of goingwalkabout not going walk about.

[MicHughV]

Most towns have "ambulance chasers" lawyers....you can recognize them from their big billboards along the highway.
I'd suggest contacting one of them. They specialize in these type " slip and fall" cases. They typically don't charge a fee, but will take a large cut out of any monies they might win for you.
You have a better than average chance for success. Most of these cases are settled out of court, with not too much fuss.
The boat owners and show owners likely have some sort of liability coverage. Typically it will be a negotiated deal between your lawyer and their lawyer.
Go for it.

[Orion Jim]

I’m truly amazed at the personal attacks and the vitriol expressed at the OP’s expense. You need the services of a personal injury lawyer who, in turn, may enlist the services of a maritime lawyer if deemed appropriate.
I hope you make a full and fast recovery from your injuries.

[GreenWave]

Originally Posted by 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.

Spot on. And I will add, would one sue their sailing host if one falls while on their boat? I sure hope not unless pure negligence is involved. If the OP doesn't have insurance at all then that is another issue. If they do, let the insurance company deal with it.

[siamese]

My Catalina 315 is extremely unsafe. Not only are the companionway stairs steep with no handrails, sometimes they're at a 20 degree angle. In the dark!

[Lake-Effect]

Originally Posted by Orion Jim

I’m truly amazed at the personal attacks and the vitriol expressed at the OP’s expense. You need the services of a personal injury lawyer who, in turn, may enlist the services of a maritime lawyer if deemed appropriate.

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.

[rwidman]

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. 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.

One of those ambulance chasing lawyers who advertise on TV should do you fine.

[LittleWing77]

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.

Absolutely, Lake-Effect, and well-said.

Hopefully Walkabout has insurance and she can concentrate on her healing while the liability insurors and their lawyers duke it out...

[sailorboy1]

Originally Posted by GoingWalkabout

Sorry to ask this in the forum but I respect the collective knowledge of cruisers on this here.

I bet you truly are sorry to have asked here based on the first page answers I semi read.

You should chose an injury lawyer and ask them the question.

[GoingWalkabout]

Originally Posted by Taichungman

Here's wishing you a successful recovery GoingWalkabout. I have to say most Cats i've been on had a hand rail going down into the hulls. I've missed that last step myself even though holding on the rail; usually being in a hurry or just not paying attention.
Will you tell us what size and make of Cat you were on?

Hi Taichungman. I won't name the catamaran builder before I get legal advice. I can say who it wasn't. Bali, Fountain Purgeot, Leopard. Everyone of these had handrails/grab points going down the internal stairs. The Catamaran builder that I had the disastrous fall in didn't. Saving $60 on handrails was more important than boat user safety in my opinion. This is a company that has become notorious in putting cost saving production and corner cutting over boat safety, in my opinion. I think the companies history on construction decisions will come out in the court to demonstrate a certain corporate mindset and construction decisions based on other serious design/construction flaws. This is not going to be pretty for them, nor should it be. I am not saying this out of vindictive but while being consumed with unbelievable pain.

[GoingWalkabout]

Originally Posted by sailorboy1

I bet you truly are sorry to have asked here based on the first page answers I semi read.

You should chose an injury lawyer and ask them the question.

Hi sailorboy. I have received great information from thoughtful and knowledgeable users on here. The link to a District Court ruling where a boat company was sued for a bad fall on their boat at a boat show in Maryland was most enlightening. The boat manufacturer filed a motion to have the law suit thrown out. It's called a summary dismissal. The District Court Judge threw out the boat builders' motion for dismissal of the lawsuit and ruled for a number of good reasons that it should go to a jury trial. So please tell me where I wish I hadn't sought views on this forum wrong?

[GoingWalkabout]

Originally Posted by Orion Jim

I’m truly amazed at the personal attacks and the vitriol expressed at the OP’s expense. You need the services of a personal injury lawyer who, in turn, may enlist the services of a maritime lawyer if deemed appropriate.
I hope you make a full and fast recovery from your injuries.

Thank you Jim.

[GoingWalkabout]

Originally Posted by jeanathon

Having broken my back when I was a teenager I feel your pain. However can we have a moment of silence for the irony of goingwalkabout not going walk about.

You made me smile. I didn't laugh though because it hurts to laugh.