Woman Files Lawsuit After Losing Both Legs In Boating Accident

A woman has filed a lawsuit against a Yacht owner and captain after he caused an accident that resulted in one woman losing both of her legs below the knee. According to the lawsuit, the woman was in a raft when the yacht veered into her vicinity. The captain tried to correct the drift but was unsuccessful. The woman lost her legs when they collided with the propellers. A malfunctioning anchor was blamed for the drift.

The lawsuit names the company that owned the boat and rented it out for money. It also names the boat’s captain.

Who is responsible for this injury? 

The allegations filed against the company are strong. They caused this accident and it was avoidable. Had the anchor been functioning properly, the captain would not have had to throw the boat in reverse where it collided with the plaintiff’s raft. Had the captain maintained a proper lookout, he would have noted the smaller boat before attempting to reverse course. Since neither of those happened, a woman will have to spend the rest of her life in a wheelchair or using prosthetic implants. She also will endure significant pain as a result of the injury, and she will be disfigured for the remainder of her life.

So it is quite unlikely that the defendants will be able to successfully defend this lawsuit.

Potential defenses 

The best defense in a situation like this is to blame the victim. It works because Americans believe in personal responsibility and hold that everyone should be accountable for their own safety. However, when someone does everything they should do and is still injured, we do hold those parties accountable. The best defense for the boat owner would be to claim that the plaintiff contributed to her own injury by being in the wrong place at the wrong time and failing to move away from the larger boat. That defense may or may not make sense in terms of the situation and allegations. But it’s usually the first thing out of a civil defense attorney’s mouth when they skim a claim for damages. It’s something to bear in mind when you’re filing a personal injury lawsuit.

The bottom line 

The company that hired the captain is responsible when the captain makes a mistake that leads to serious injury. They are also responsible for the maintenance on the boat. In this case, the failure to maintain the boat led to a situation in which the captain had to perform a dangerous maneuver. The captain failed to look before he performed the maneuver. So, a failure to provide a seaworthy vessel coupled with a failure to act with required care resulted in avoidable injuries.

Talk to a Tampa Boat Injury Lawyer Today 

The Tampa personal injury attorneys at The Matassini Law Firm represent the interests of those who have been injured due to negligence. Call today to schedule a free consultation and we can begin discussing your case immediately.

Source:

nbcchicago.com/news/local/woman-who-lost-both-legs-in-boating-accident-at-playpen-near-oak-street-beach-files-lawsuit/3029116/