Falling in a vessel at a boat show

[bjp447]

Weird - going for the clean look. I expect that is a boat salesperson with no clue. Boats just by their nature are hazardous.
But on to your question, you never know until you try. Ask both types, and remember the comments about your health insurance company, they want to bill someone else for your costs. Also be aware most boats at shows like any other show where something can happen, will have a sign or something somewhere saying enter at your own risk. Be prepared for that. Good Luck you got nothing to lose!

[Mithril Bham]

Find the best personal injury attorney that you can. No need for Maritime.

[TrentePieds]

Good on ye, Manatee :-)! Best advice given in the whole thread.

TrentePieds

[PippaB]

The OP says they were going down the "stair steps" and their "back slammed into the sharp wooden stair steps." The first thing the defense attorney is going to do is get them defined as a companionway ladder, not stairs, and then demonstrate that proper use of a ladder requires ascending and descending facing the ladder. And that any boater, and even the general public knows that you face a ladder when using it, and that doing so significantly reduces the risk of exactly this type of injury. If you want to make a claim, be absolutely ready with a defense for what will be portrayed as the OP's own negligence in improperly using the "stairs". I can already picture the courtroom experts...

[captlloyd]

I like the type of legal system they have in Costa Rica. If someone hits your car and injures you they must pay for your car repairs , your healthcare costs, any loss of wages while being off work. That’s it. No pain and suffering, no loss of marital sexual disfunction, that’s it. It causes people to be more responsible for themselves.

[S/V Illusion]

Originally Posted by GoingWalkabout

I hope you are in the Court arguing for the defendant before the Jury. Putting zero value on my stolen retirement years does have a huge value. Go read the dollars paid for such things as the loss of marital enjoyment from an accident. From your reply, you are obviously not well skilled in the monetization of loss and what a jury is prepared to award.

As a retired attorney and administrative law judge, I told you what to expect, however, I guess you didn’t like my opinion.

To review, it was apparent to you at the time there was no hand rail. You voluntarily entered to boat regardless and accidentally fell where no one else did who also visited the boat. No one created a hazard. Your future income loss potential as a retiree is nil. Absent any medical assessment as it’s too premature to quantify it, you profess to “monetize” it regardless.

My intent here isn’t to debate but only to objectively summarize. The only winner here in the event you or your underwriter actually litigate this will be your attorney.

[Montanan]

Sorry to hear of your serious injury. Hope you will recover with time.

Slip and fall liability is the norm as to comprehensive liability insurance for which the boat owner / dealer should have very high coverage limits. Yes, find a good accident lawyer.

Improper illumination on a staircase, that is pretty standard negligence, ditto as to lack of hand-rails.

[Mlp48]

Call Michael Moore -- who's a Miami attorney and sailor. His dear wife, I think, has a separate law practice and she's a dear but Mr. Moore is a bulldog and sensible fellow. Does good deeds ! I don't have a # but let me know if you can't locate him.

[Uricanejack]

Not a clue how it will work regarding liability ect.
That’s what insurance and lawyers are for.
You were in Miami, suing being a national pastime in the US, anyone doing business will have liability insurance.
You need a lawyer who specializes in personal injury.

You are probably better off in the short term just going with your own insurance coverage rather than a law suit. for medical ect. For the simple reason a law suit takes a long time and you need help now. You have hospital bills and are probably not able to work and have other bills.
Let the insurance companies work it out between them.

A lawyer will probably be the best person to explain all of this, the boat company insurance may be willing to settle quickly for a reasonable amount. Seeing as they are probably expecting some kind of claim.

Long term maybe there is a big payout, maybe not,

[Stewie12]

The yacht company will have third party liability insurance. Get a lawyer who works on a no win fee basis to make a claim on your behalf for the accident.

[letsgetsailing3]

This is why we desperately need tort reform, and people need some kind of health insurance.

While people's fortunes shouldn't be devastated by an accident, they likewise shouldn't have reason to believe that an accident will result in a significant enrichment by playing the lawsuit lottery. Stuff happens.

How many boats have handrails to go down the stairs from the cockpit? Most don't. Part of going down the stairs is looking where' you're going.

I can't tell you how many times I've missed the bottom step. Nobody to blame, wasn't looking where I was going. Boats are inherently dangerous, and that's just in the marina.

All of that said, I hope your health insurance covers all of your expenses, and saves you the trouble of having to engage the legal system. Once the lawyers get involved, everything costs a LOT more.

[DEAN2140]

I am sorry about your injury and also for the mean spirited comments from some members of the peanut gallery. I am a lawyer, though not personal injury, and would be very surprised if your accident came under maritime law. More to the point, you shouldn't be asking for legal advice on this forum and you certainly shouldn't act on what anyone tells you, except to consult a lawyer. I notice you haven't asked anyone on this forum to diagnose your back injury. Same principle.

[conchaway]

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

[DEAN2140]

"As a retired attorney and administrative law judge, I told you what to expect, however, I guess you didn’t like my opinion." S.V. Illusion"
Any attorney who would dispense a gratuitous opinion based on the OP's limited description of her accident isn't much of a lawyer or a judge. Thankfully, you are retired.

[Davidhoy]

I find this entire thread to be a sad indictment of our society, and the unwillingness to take personal responsibility when accidents happen. Bad stuff happens to us all sooner or later, how we respond say more about our character than when things are going well. I encourage the OP to think carefully before adding to the godawful mess our society is in. Every frivolous lawsuit just increases costs for everyone. And, frankly, I find this frivolous. I’m sorry you got hurt, and I hope you recover fully, but people get hurt every day and don’t try to make it someone else’s problem. Sadly you seem to have already made up your mind to sue, so asking opinions is just you trying to rationalize the choice you already made. Forgive me if I’m being a little harsh, but please try to see the bigger picture.