Can You Sue for an Accident Caused by an Unsafe Dock or Pier in Florida?
Boating accidents are often caused by the boater. Crashing into another vessel or a stationary object is usually the boat operator’s fault, and they can be held responsible for passenger injuries or injuries to people on boats, docks, or piers. But what about when the roles are reversed? What if a dangerous dock or pier causes a boat to crash into it or come loose from it?
Some boat accidents occur because the dock’s structures cannot hold a boat during a mild storm or turbulent weather, causing the boat to potentially capsize or crash into other boats or structures. Additionally, hidden support structures, protruding structures, and docks and piers that are improperly designed can be the cause of an accident, and victims can often sue for these injuries, potentially made worse by dangerous dock construction. Accidents on the dock or pier itself, such as a person being injured by a collapse, could also result in liability for the dock or pier’s owner.
For help with an accident, call the Miami boat accident attorneys at Rivkind Margulies & Rivkind at (305) 204-5369.
Suing Docks/Piers for Accidents Caused by Boats Breaking Away from Moorings in Florida
When a boat is moored at a dock or pier, it should be somewhat secure. The boat owner or dock owner should have rules about ties and bumpers, but in any case, the structure of the dock should be strong enough to keep the boat in place, potentially during inclement weather. If the boat operators/owners tied up properly, but the boat came loose and crashed anyway, that might be the dock/pier owner’s fault.
Marinas can often be responsible for these accidents, especially in cases where the boat still had passengers aboard. For example, if your houseboat comes loose because the marina failed to properly maintain or perform maintenance on a broken or defective dock, you could be seriously injured when your vessel goes loose. Our Florida boat accident attorneys can help you pursue a claim for accidents like this against the property owners.
Boating Accidents Caused by Dangerous Piers and Docks in Florida
It is more likely that an accident will happen when a boat pilot crashes into a pier or a dock because of a mistake that they made, but some docks and piers are built in such a way that they become a danger to boaters. When this happens, the boat operator and any injured passengers can often sue the dock or pier owner.
Docks and piers are often secured at their base by large pilings – the supports that hold them up. At their base, these might be made of concrete to really hold up the dock. Poor designs can be dangerous because the structure under the deck might make the water much shallower around the dock without any warning for boat operators. If you approach the deck or pier wrong without a reasonable warning, you could run aground on the dock’s structure, causing a serious crash.
These kinds of accidents can often be blamed on the dock/pier owner rather than the operator. If the operator was doing everything right and would not have known about the odd shape of the dock under the water, there is no expectation that they would have been able to navigate around those dangers.
Suing for Dock and Pier Collapses During Boating Accidents in Florida
In other cases, a boat might crash into a pier or dock, but because of a dangerous or ineffective design, the dock might cause far more damage to the boat than one might expect. In these cases, the boat operator might still share some liability for initially striking against the dock/pier, but the owner of the dock/pier should also face accountability for the exaggerated effects of the crash that their dangerous design caused.
Imagine for a second a boat coming in a bit fast to a dock. If a boat strikes the dock too hard, many floating docks will simply absorb the blow and avoid damage. Especially if the boat or dock has bumpers, even a stationary dock might absorb the blow and potentially take only minor structural damage. In cases where the dock is built wrong or fails to have these safety precautions, the crash could cause far more damage than one might expect, both to the dock and the vessel.
If a boat comes in fast to a dock and the entire dock shatters or splinters, falls on top of the boat, pushes the boat underwater, or otherwise causes excessive damage, fault for that damage would likely fall on the dock owner’s shoulders rather than the boater’s.
In a case like this, some portion of the liability for the accident will fall on the boat operator, as the crash would not have occurred if they were operating the boat at the proper speed, etc. However, the exaggerated damage attributed to the dangerous dock or pier design should be paid for by the dock owner. This includes any serious injuries that would have been avoided if the dock were constructed in a more reasonable manner.
Injuries and Accidents on Docks and Piers in Florida
Other accidents involve passengers and crew boarding a vessel from a pier or dock. If the gangway is not properly secured because of broken decking on the dock, if the defective moorings cause the boat to come loose while boarding, or if the deck structure simply collapses under a passenger’s foot, they could face serious injuries. In these cases, the structure’s owner should be held liable for the results.
Call Our Boat and Maritime Injury Attorneys in Florida Today
Call (305) 204-5369 for a free case evaluation with the Florida boat accident lawyers at Rivkind Margulies & Rivkind today.
