South Florida Injury Lawyer Blawg
Kayaking can be a great source of fun and entertainment. Whether you do it alone or with a group, it is supposed to be an enjoyable experience. Unfortunately, there are times when a kayaking adventure can turn into a nightmare if something goes wrong. If you or someone close to you has been hurt in a kayaking accident, you may be able to seek compensation from the at-fault party. These cases are highly fact-intensive, so it is important to seek the help of a skilled Miami attorney who can thoroughly examine what happened in your case.
The Outdoor Foundation estimates there are about 10.3 million Americans who participate in kayaking at least once each year. The majority of these kayakers, approximately 8.1 million, participate in the activity recreationally, while 2.4 million partake in sea/tour kayaking, and 1.9 million are involved in whitewater kayaking.
Kayaking injuries can take place in a number of ways, including a kayak overturning or colliding head-on with another vessel in the water. Other risk factors for kayakers include a lack of familiarity with the water, an inadequate skill level, no spare paddle, poorly maintained equipment, high water, and changing weather conditions.
If you have been injured in a kayaking accident due to someone else’s carelessness, you may be able to file a negligence claim against the at-fault party. Negligence is a failure to use reasonable care in one’s actions and omissions, resulting in injury or harm to another party. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. If a defective kayak or other equipment caused your injury, you may be able to file a product liability claim against the manufacturer. The exact cause of action that would be appropriate in your case will depend on the details of the surrounding circumstances.
In many situations, you may be able to recover medical expenses, rehabilitation costs, pain and suffering, and lost wages. If you have lost a family member in a kayaking accident, you may be able to file a wrongful death claim and seek damages such as funeral expenses, burial costs, loss of companionship, and more.
It is important to note that if a collision occurs within Florida territorial waters and results in injuries or death, Florida law will be applicable to the civil lawsuit to the exclusion of federal maritime law. This is especially important in wrongful death claims, since the Federal Death on the High Seas Act (DOHSA) allows extremely limited damages in such cases. Florida wrongful death law permits much more compensation than the federal law.
Kayaking accidents can have serious and long-term consequences for everyone involved. At the Law Offices of Robert Dixon, our experienced Miami boat accident attorneys can help you seek the compensation you deserve for your injury or loss. We know the last thing you want to think about after a kayaking accident is the law, which is why we will try to make the process as seamless as possible for you. We proudly serve clients throughout South Florida. For more information, do not hesitate to call us at 1-877-499-HURT (4878) or contact us online today.
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