Can I Sue for a Slip & Fall on a Boat?

Suffering a serious injury from a slip and fall on a boat is devastating. Beyond the fear that may come from not being able to receive the immediate care you need, you may also be faced with unforeseen expenses as a result of your injuries. This event could impact your short- and long-term financial health, your ability to work, and so much more.

Fortunately, there are laws that protect those who are injured in slip and fall accidents, with multiple laws focused on maritime workers who are injured on the job. Beyond requiring employers to provide “maintenance and cure” benefits to injured workers, those injured are also able to pursue additional compensation for their damages in some situations.

That said, maritime law can be a highly technical, complex area of the law. As such, you need to work with a Houston maritime attorney who not only understands your rights but has significant experience winning compensation for clients.

At Patrick Daniel Law, we have hundreds of maritime cases under our belt and a Strategic. Meticulous. Merciless. approach. We are here to guide you through this process and ensure your rights are protected after your slip and fall on a boat.

Call us today at (713) 999-6666 to schedule your FREE case evaluation.

What Is a Slip & Fall Accident?

A slip and fall accident is a type of premises liability that refers to accidents that occur on a property due to an unsafe condition. Unsafe conditions can include anything from inadequate lighting to slippery floors.

Property owners and managers—whether the property we’re talking about is a hardware store or a shipping vessel—have a responsibility to avoid unsafe conditions and, once they are discovered, remedy them as quickly as possible.

When they fail in their duties, those injured can pursue compensation for the damages they have sustained because of this failure. In most cases, slip and fall victims can pursue compensation for damages such as:

• Lost wages
• Medical bills
• Pain & suffering
• And more

However, there are several unique components to consider when it comes to a slip and fall on a boat.

If I Slip & Fall on a Boat in Texas, Can I Sue?

Yes, maritime workers who are injured on a boat are able to pursue compensation for their damages. These accidents are governed by the Jones Act, a federal law that provides significant protections for injured maritime employees.

However, to have a viable case, you must be able to prove that your employer or the owner of the boat failed to uphold “reasonable care,” thereby putting your safety at risk. This could include careless acts such as:

• Lack of training
• Unreasonable requests to complete tasks in dangerous conditions
• Neglecting proper safety procedures
• Failing to install appropriate railings or fix railings that have been damaged
• Not appropriately manning a boat
• Failing to provide employees with appropriate gear
• And more

Any of these negligent acts would make the boat “unseaworthy,” which allows employees to pursue compensation under the Jones Act.

Maritime law also includes protections for passengers of vessels. They, too, may be able to pursue compensation against a negligent party for their damages, which may include the shipowner and/or the ship operator.

However, the laws governing a passenger’s accident vary greatly depending on where the accident takes place, such as whether it occurred in territorial, international, or navigable inland waters. An attorney with a command of maritime and personal injury law is critical to secure the compensation you may be entitled to for your injuries.

Who Is Liable for a Slip & Fall on a Boat?

In the case of commercial maritime workers seeking compensation under the Jones Act, the liable party is generally the employer if their negligence is what led to the unsafe condition that caused the slip and fall. However, there are some situations where the shipowner could be held liable if their actions—or inactions—are what lead to the unseaworthiness of the vessel.

For passengers who are injured due to a slip and fall on a boat, there are additional parties who could potentially be held liable, including:

• Boat rental companies
• Cruise lines
• Manufacturers
• Other passengers
• Shipowners
• Ship operators

Ultimately, an investigation would need to establish clear lines between how and why the accident occurred and the damages sustained to show that another party’s negligence is what led to the slip and fall.

Will My Claim Fall Under Maritime Law?

If your slip and fall happened on “navigable waters”—that is, bodies of water that are subject to tides and can be used for interstate or foreign commerce, such as oceans, lakes, and rivers—then in most cases yes, your claim will fall under maritime law, also known as admiralty law.

Read More: Does Maritime Law Apply To Your Case?

That said, maritime law can also apply to accidents that occur on land if they are closely related to commercial maritime activities, including:

• Shipbuilding & repair
• Cargo loading & unloading
• Harbor & port operations

While the Jones Act only applies to “seamen,” these maritime workers can instead pursue compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This protection is similar to workers’ compensation laws though it tends to be more favorable for injured workers.

Read More: Are Boat Accidents Covered Under Maritime Law?

How Long Do I Have To File My Claim?

Most of the time, in a slip and fall on a boat covered by maritime law, including the Jones Act, you have 3 years to file a claim for your damages. However, this does not apply to all maritime accidents.

Under the LHWCA, for example, you only have 1 year to file a claim. If you fail to submit your claim before then, your employer has the right to deny the claim outright.

If you were a passenger on a vessel when you suffered a slip and fall, such as a cruise liner, how much time you have may depend on the provisions outlined in your ticket contract. There can also be exceptions to time limits depending on some rare situations, such as when the negligent party cannot be found.

The question of how much time you have is another way in which maritime laws are often more complex than traditional personal injury or workers’ compensation cases. This is why we recommend getting in touch with an experienced maritime injury lawyer as soon as possible to review your case and begin an investigation.

Contact Our Maritime Injury Attorney Today

Navigating the intricacies of maritime law is not for the faint of heart. And you can be sure that the other party is likely to put up a substantial fight to pay you as little compensation as possible.

However, the law is on the side of injured maritime workers—and so is Patrick Daniel Law. Through our years of experience defending victims of maritime accidents, we have the tools, resources, and know-how you need to get results.

If you’ve had a slip and fall on a boat, you may be able to secure compensation for your injuries. Contact us today to schedule a FREE case evaluation. Our maritime injury lawyer represents clients in Houston, Texas, and nationwide.