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Limitation of Liability Case Studies... By a Maritime Attorney in San Diego


Research Your Maritime Accident Case

This website provides information to injured workers and their families. Our goal is to level the playing field between people injured in Maritime accidents and the insurance companies. We provide vital information so you can make informed decisions regarding your Maritime Injury case.


Our California Maritime Attorneys have packed this website with hundreds of pages of free information, which we constantly update. Use our website to research your Maritime Personal Injury Case. You will see that we have an assortment of informative and relevant articles.



Limitation of Liability Act Case Studies

Mission Bay, San Diego - Boat Pulling Water Skier Collides With a Fishing Boat

The owner of a ski boat was water skiing while being towed by a friend. The friend was operating the owner's boat. The ski boat was going the wrong way on Mission Bay, San Diego, California. The ski boat was not going in a counter-clockwise rotation. The boat operator was watching the skier and plowed into a small fishing boat, severely injuring three middle aged women.

The ski boat owner filed a Limitation Action. The Action was defeated because the owner of the vessel was being pulled as a skier and he could see that his friend was not following the proper counter-clockwise rotation on Mission Bay. Thus, he had knowledge of the acts that were a cause of the collision.


Mexican Waters - Passenger on a Charter Sportfishing Boat Slips Down Ladder

A passenger on a Charter Sportfishing boat was on a four-day fishing trip to Mexican waters. The passenger slips and falls down a steep ladder into the galley. The Limitation defense was defeated by proving the non-skid on the ladder had been worn smooth for months, if not years, before the passenger slipped on the ladder and was seriously injured. There was plenty of time for the owner to have learned of the dangerous condition before the injury incident. Thus, there was privity (i.e.,knowledge).


Catalina Island, California - Charter Sailing Boat Sinks Due to Electrical Problem

An electrical fire starts on a 54 foot Chartered sailing vessel while cruising off Catalina Island. The Captain and 11 passengers abandoned ship. Two of the passengers drown. Litigation discovery reveals months before the sinking, a mechanic had recommended fixing the electrical problem. The owner had try to conceal both the mechanic and the previous electrical problem. The insurance company settled soon after the concealment was uncovered.


Colorado River - Yuma - 16 Year Old PWC Operator Hits Teen on Inner Tube

A 16 year old is operating a personal water craft on the Colorado River, north of Yuma. The PWC clips a teenage girl floating on an inner tube. The teenage girl is seriously injured. The owner of the Jet ski did not require the 16 year old to read the manual nor the PWC's riding instructions for novices. The owner had given the 16 year old less then 3 minutes instruction on how to operate the PWC before allowing the teenager to ride unsupervised. The insurance company for the owner paid the policy limits.


Conclusion

If you were injured or had a family member killed in a boat accident that occurred in navigable waters you need to expect and plan on having to defeat the Limitation of Liability Act. Your California maritime attorney should be proactive in planning for and defeating the Limitation Act defense.

Disclaimer

The foregoing is not legal advice. I am simplistic in order to achieve clarity. Your situation may differ from those being described in this article. The foregoing case studies are not meant to represent any particular case or situation. Any resemblance to any actual events or cases are purely accidental.


William Turley is a San Diego Maritime Attorney / California Boat Accident Lawyer. Bill is a Past President of Consumer Attorneys of San Diego and was chosen a 2010 Top 10 Personal Injury Attorney in San Diego. Bill's website is designed for Consumers to research California Boat Accident Law.





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