Miami Boating Accident Lawyer : Sean M. Cleary

If you or someone you love was injured in a Miami or Florida boating accident due to the negligence of someone else, our attorney can help you recover the compensation you need and deserve.

How Can We Help?

  • We investigate the boating accident injuries or death.
  • We establish to what extent the injuries occurred due to negligence.
  • We gather documents related to your claim, including medical records.
  • We determine if defective boating equipment caused the accident.
Sean M. Cleary
 

Ferry, tour boat & charter vessel guest injury, and even wrongful death claims arising out of boating accidents that can be caused by negligence on the part of the ship’s operator or crew. If you were a guest or a passenger aboard any one of these vessels and were injured as a result of a boating accident, The Law Offices of Sean M. Cleary based in Miami, Florida is here to help.

We specialize in acting on behalf of anyone injured due to someone else's negligence on private ferries, charter vessels, and tour boats including:

A ferry, tour boat, or charter vessel passenger or guest who has suffered a serious injury may recover compensation for:

  • Past and future medical expenses that result from the accident
  • Rehabilitation expenses
  • Lost past and future wages
  • Pain and suffering

Hiring an attorney in Florida with considerable knowledge of and experience with this specialized area of law can mean the difference in the outcome of your case.

Ships can be unsafe places to work especially in Florida, and employees can face a significant risk of on-the-job injuries. In recognition of the perils and hazards associated with their shipboard duties, seamen and other employees are afforded special rights.

Two major laws in Florida protect seamen and maritime workers and employees:

  • The Jones Act, providing compensation for injured seamen who work aboard vessels
  • The Long Shoremen and Harbor Worker’s Compensation Act (LHWCA), providing compensation for other maritime workers

Employees protected by the Jones Act include crewmembers, officers, captains, masters, day workers, and other people who work aboard vessels. Seamen are protected when an accident takes place on cruise and casino ships, barges, tugboats, fishing boats, ferries, trawlers, oil rigs, water taxis, and other vessels on the ocean, lakes, rivers, and canals.

  • Employers may be liable for any kind of error that contributes to injuries. If the injuries are the result of either negligence or unseaworthiness, injured seamen have a potential claim. If the injury results in death, the worker's surviving family members can file a claim on their behalf. 
  • Under maritime law in Florida, our lawyer representing you will inspect the vessel itself and look for causes that lead to the injuries, checking if the vessel workplace was unsafe or if the vessel did not function as intended.
  • According to maritime law in Florida, even third parties can be held liable for the poor condition of a vessel. Thus, the owner of the vessel could be held liable for damages to an employee.

What about maritime workers who are not seamen? Difficult and dangerous work goes on every day at harbors, ports or terminals, marine railways, and on dry docks. LHWCA typically covers the rights of these mariners, and these claims are handled through the U.S. Department of Labor. Dockworkers can also bring third-party claims against negligent people or companies other than their employers, such as contractors or manufacturers if the injuries are the result of their negligence.

Sean Cleary, maritime attorney, represents workers injured due to someone else's negligence in:

Injured seamen and dock workers, may be entitled to:

  • Lost wages, including future wages
  • Medical expenses
  • Occupational or vocational retraining
  • Pain and suffering
  • Lost earning capacity

At The Law Offices of Sean M. Cleary, our qualified maritime attorney will provide you with a legal case review free of charge, and help you identify all possible sources of recovery from your injuries. Before talking to insurance company representatives or settling a claim with your employer, it’s important to seek experienced legal representation to help you get full compensation. We offer consultations in English and Spanish.

One of the most dangerous jobs in the US is commercial fishing. The job is physically demanding, the conditions are tough and the hours are long. All of these place commercial fishermen at constant risk of serious injury. The Law Offices of Sean M. Cleary in Miami, Florida is here to help commercial fishermen who suffer serious personal injuries or death as a result of a commercial boat accident or sinking. We represent all kinds of commercial fishermen including those working on:

  • Trawlers
  • Longline vessels
  • Seiners
  • Gillnetters
  • Shrimpers
  • Tuna & sword boats
  • Oyster & clam dredgers
  • Grouper & snapper vessels
  • Lobster & crab boats
  • Commercial fishing boats
  • Processing vessels

Fishermen injured due to someone else's negligence have a legal right to seek compensation from the owner and operator of the vessel for numerous types of accidents and incidences that include:

The amount of damages entitled to fishermen harmed in commercial fishing accidents often depend on the circumstances of the accident and the severity of the injuries. If injuries occurred due to others' negligence, victims and family members will receive adequate compensation for:

  • Current, past, and future medical expenses
  • Maintenance and cure
  • Physical therapy, rehabilitation, and additional surgeries
  • Lost wages due to missed work
  • Lost capacity to work
  • Funds for the decreased capability to work as a fisherman
  • Temporary or permanent disability
  • Mental anxiety, pain, and suffering

If the fisherman dies as a result of a negligent or intentional act of the vessel owner, operator, crewmember, or another third party, surviving family members can seek compensation that includes:

  • Loss of support
  • Loss of services
  • Funeral and burial expenses

Some of the most common causes of maritime accidents include defective components of a boat and defective boating equipment and can cause catastrophic events such as explosion, fire, collision, grounding, and sinking. Unfortunately, such events often result in injuries or even deaths.

Defective components or equipment on boats include, but are not limited to:

  • Engines
  • Generators
  • Electronics
  • Batteries
  • Wires
  • Fuel tanks
  • Drivelines
  • Propellers
  • Engine-driven accessories
  • Safety equipment

Depending on the component of the boat, there is a number of potential defects that can occur: the boat component can be mislabeled, have a defective design, be defectively constructed, fabricated, installed, and improperly integrated with other components. The failure of a sub-component part of the boat can result in the entire loss of a vessel, damage to nearby vessels, and death.

Product liability cases are often complicated and require an attorney who knows the laws in Florida, with years of experience handling boating accident claims. Sean Cleary knows the ins and outs of this area of law and has successfully handled many product liability cases involving boating accidents.

 
 

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Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.