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Maritime injury cases are always complex legal actions due to both evidentiary and jurisdictional challenges. A California Maritime injury attorney at the Law Offices of Preston Easley can help you navigate them.
Fishing charters present a number of dangers to both passengers and crew members who work on them. Both may be entitled to financial compensation in an accident. However, you are facing a number of challenges in your legal case that can include determining how and where to seek compensation.
Learn whether you have a potential legal case by scheduling a free initial consultation with a California Maritime injury lawyer at the Law Offices of Preston Easley. Call us today at (310) 773-5207 to schedule an appointment.
Where Will My Case Be Filed and What Law Applies?
Your legal rights may be determined by the location in which your injury occurred. One of the initial challenges in your case is determining which law applies and who has jurisdiction. There may be multiple applicable laws that you can turn to to seek compensation.
Offshore fishing boats that serve California and Hawaii often travel more than three miles offshore. In that event, general federal maritime law will apply to your case. You may have the choice to elect to file your case in federal or state court. If a loved one died in the accident, the Death on the High Seas Act would apply if the accident happened more than three miles offshore.
Typically, Federal maritime law would apply a similar negligence standard that you would see in a case filed in state court. A federal court may even apply state law in your case, depending on where the accident occurred.
Negligence Is the Likely Legal Standard in Your Case
In general, you must prove that the defendant did something that would be considered unreasonable under the circumstances to qualify for compensation. Examples of things that may meet the definition of negligence include the following:
- Unsafe operation of the boat, such as traveling at an excessive speed or making dangerous maneuvers
- Going out on the water during unsafe weather conditions
- Failure to remove obstacles and Hazards in a passenger’s way, resulting in a slip and fall accident
- Inadequate supervision of inexperienced passengers
Your case will depend on the strength of the evidence that you are able to gather. You must prove that someone else’s negligence was the cause of your injury by a preponderance of the evidence. Your maritime injury lawyer will conduct a complete investigation of the accident to gather the evidence that you need to prove your case.
Complications in Your Fishing Charter Injury Legal Case
As a passenger, you may be blamed for the accident. For example, if you slipped on the boat deck, the operator may accuse you of failing to exercise the proper amount of care. There is an even greater likelihood of possible blame when alcohol is involved. Charter boat passengers often drink on expeditions. You can be virtually certain that any defendant will rely on that fact to escape liability if you have even had a single drink.
Your case could also be complicated by the fact that the company running the trip may have made you sign a waiver as a condition of your participation. This may make a lawsuit more difficult, but it does not completely prevent the possibility of a lawsuit. You may still file a lawsuit when you have been the victim of an accident that was caused by gross negligence.
Crew Members May Also Be Able to Pursue Legal Action
If you were a crew member who was injured on a charter fishing boat, there are different legal considerations that apply. Here, you may be able to benefit from the Jones Act. If you are able to meet the statutory definition of “seaman,” you can file a personal injury lawsuit against your employer, seeking full compensation for all of the harm that you have suffered. If you spend your work time on the boat, as opposed to maintaining the vessel on shore, you may be considered to be a seaman. Here, it does not matter how far offshore your injury occurred. The following crew members could be considered seamen under the Jones Act:
- The captain or master
- First mate
- Deckhands
- Fishing guides who regularly work aboard the vessel
- Engineers or mechanics assigned to the vessel
- Crew members responsible for navigation, safety, fishing operations, maintenance, or passenger assistance aboard the vessel
Contact a California Maritime Injury Law Firm
Whether you were a crew member or a passenger who was injured on a fishing charter, the California Maritime injury attorneys at the Law Offices of Preston Easley can represent you. learn more about your legal rights by scheduling a free initial consultation, which you can do by visiting our website or by calling us today at (310) 773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
