Attorneys Protecting Victims Of On-The-Water Slip-And-Fall Accidents

Most waterway accidents and injuries involve collisions or vessel malfunctions. Slip-and-fall cases seem more common on land in grocery stores and restaurants. However, slip-and-falls happen often on boats and watercraft of all kinds. The basics of liability are similar to those of land-based slip-and-fall cases, but numerous nuances and distinctions need to be addressed.

If you’ve been injured in a slip-and-fall while on a boat, you need an experienced maritime lawyer to help you. At Munch and Munch, P.A., we have a wealth of experience serving clients in Tampa and throughout Florida in all types of injury claims, with a particular focus on injuries on the water.

Our lead attorney, Jacob Munch, has remarkable experience in claims of this kind. With more than 45 years of legal experience and a bachelor’s degree in marine engineering and nautical science, he also has experience working at sea for a living. He served as a Merchant Marine officer and earned U.S. Coast Guard licenses as a Third Mate and Third Assistant Engineer before becoming a practicing attorney.

Slip-And-Fall Hazards Unique To Ships And Boats

Slip-and-fall accidents at sea often happen for reasons you don’t usually see on land. Ships move with the water, and changing weather can make conditions more dangerous. Some common hazards include:

• Wet decks from rain, ocean spray or pool water that make surfaces slippery
• Rough seas and sudden movement that throw passengers or crew off balance
• Worn or missing non-skid surfaces that should help with traction, but don’t
• Dim lighting in hallways, stairwells or outdoor decks at night
• Cluttered walkways with luggage, cleaning carts or equipment that become trip hazards when the ship rocks
• Food or drink spills in dining areas that are not cleaned quickly enough
• Broken or missing railings that leave people without support when the vessel shifts
• Slippery gangways when boarding or leaving the ship in bad weather

These conditions show why slip-and-fall cases on the water are more complex than those on land. Weather, sea conditions and ship movement all make accidents more likely, and vessel owners have a duty to take these risks into account.

Understanding Basic Liability

Regardless of where on the vessel you fell or the type of flooring surface you slipped on, the ship and its crew owe a legal duty to its passengers to use reasonable care in maintaining the ship.

This duty includes correcting dangerous conditions, marking or indicating areas where foreign or slippery substances are present and providing cruise ship passengers with visual or verbal warnings of dangerous areas. If the foreign substance or dangerous condition is not corrected or marked within a reasonable amount of time, the ship will be responsible for any resulting injuries, regardless of who created the condition.

Cruise Ship Liability Limits And Passenger Ticket Defenses

Cruise lines often try to limit how, when and where injured passengers can bring a claim. These limits are usually hidden in the fine print of passenger ticket contracts. While they may seem intimidating, they do not always prevent you from recovering compensation.

Common cruise line defenses in ticket contracts include:

• Short filing deadlines: Many cruise lines give passengers only one year to file a claim, much shorter than the normal statute of limitations.
• Restricted filing locations: Tickets often require lawsuits to be filed in a specific court, such as the federal court in Miami, Florida, regardless of where the accident happened.
• Waivers of liability: Cruise lines sometimes include broad disclaimers that attempt to shield them from responsibility for certain types of injuries.

We challenge these defenses by showing when they conflict with maritime law or when the cruise line fails to meet its safety obligations.

• Courts will not enforce contract terms if they conflict with federal maritime law or are unfair to passengers.
• A waiver cannot excuse a cruise line from its duty to maintain safe walkways, provide adequate warnings or correct known hazards.
• If a cruise line fails to follow its own safety obligations, it cannot simply point to a ticket contract as a shield against liability.

At Munch and Munch, P.A., our attorneys understand how cruise companies use these contract provisions to discourage claims, and we know how to challenge them effectively.

What Type Of Claim Do You Have?

Although these liability principles are similar to those that govern on-land slip-and-fall claims, bringing a water-based slip-and-fall case is much more complicated.

The direction we take for your case and the type of compensation we can fight for can change dramatically, depending on fact-based details like:

• What type of boat were you on (cruise ship, tanker, fishing boat, etc.)
• Where the boat was at the time of the accident (docked, in waters near the shore, inland lake or river, deep in the ocean, etc.)
• Your role on the vessel (maintenance crew, cruise ship guest on vacation, captain, etc.)

These are just some of the details needed to determine whether we will be bringing a Jones Act claim, a regular maritime law claim, a Longshore and Harbor Workers’ Compensation Act claim, or some other type of claim entirely.

It’s very important to document what happened after your fall. Take photos or videos of the scene, get the names and contact details of any witnesses or crew members who saw the dangerous condition and keep records of all your injuries.

Talk To A Maritime Slip-And-Fall Attorney Today

Slip-and-fall injuries on ships and boats involve unique laws and defenses that most people and even many lawyers don’t fully understand. At Munch and Munch, P.A., we know how to manage these cases, build strong claims and stand up to powerful cruise lines and vessel owners.

Don’t let the difficult process or fine-print defenses keep you from the recovery you deserve. Call 888-976-3759 or contact us online today for a free consultation with a skilled maritime lawyer.