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Banning Micklow &
Bull LLP

One Market Street
Steuart Tower, Suite 1440
San Francisco, California
94105
Telephone: (415) 399-9191
Fax: (415) 399-9192
Email: Contact Us

501 West Broadway
Suite 2090
San Diego, California
92101
Telephone: (619) 230-0030
Fax: (619) 230-1350
Email: Contact Us

Marine & Boating Accident Information Center

California Maritime Trial Lawyers - Banning Micklow & Bull

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Frequently Asked Questions about Boat Accidents and Injuries

Q: Who is liable if a crewmember is injured while working?

A: A person injured while employed as a maritime worker over navigable waters will be covered by federal law. Under federal law, the employer is generally liable for injuries or the wrongful death of an employee.

Q: What are navigable waters?

A: "Navigable waters" are all waters, which are capable of transporting people or cargo between the states and other countries.

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The most common causes of boating injuries and fatalities are: Capsizing, Falling Overboard & Collisions.

San Francisco Boating Injuries Lawyers - Banning Micklow & Bull LLP
Northern and Southern California Boat Accident Information

If you have been injured in a recreational boating accident, you need skilled and experienced legal representation to help you identify your claims and the best way to present them. Boating accident cases can also involve difficult strategic choices between state court personal injury litigation and federal maritime jurisdiction. Sometimes you'll also need to name as a defendant a government agency, such as the Coast Guard or the Army Corps of Engineers.

Don't trust your boating injury case to a general practitioner. No matter how skilled he or she may be as a trial lawyer, an attorney unfamiliar with maritime law and admiralty jurisdiction might easily overlook considerations that could be critical to the success of your case and the size of your settlement or verdict. Contact the experienced Northern and Southern California boating injuries attorneys at Banning Micklow & Bull for thorough and reliable advice about your options.

Boat Accidents and Injuries - An Overview

According to the United States Coast Guard, in the past decade, there has been an increase in registered boats and personal watercraft (PWC) in the United States. In particular, the use of personal watercraft, such as Jet-Skis and other brands, has exploded since the 1990s. Not surprisingly, the United States Coast Guard also reports that each year there has been an increase in boating accidents that have resulted in serious injuries and sometimes death. If you have been injured on a boat, while boating or while engaged in other water sport activities, contact an attorney in your area to learn more about your legal rights. You may be entitled to compensation for your injuries.

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The Jones Act

The Jones Act is a federal statute that provides a remedy for injured workers. According to this act, 46 U.S.C.A. § 30104, “A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer.” An injured crewmember may have a claim against his or her employer (ship owner) for negligence if the vessel is unseaworthy. It is the duty of the ship owner to maintain a vessel that is seaworthy. This includes the vessel, gear and appliances. This duty is absolute and not based on the fault of the ship owner.

According to the Jones act, “A defective condition of the vessel which proximately causes the seaman's injury makes the ship unseaworthy as to him.” This does not mean that the entire vessel is unfit or unseaworthy. The crewmembers remedy applies only against the owner of the vessel, gear or appliances. If you are a crewmember that has been injured while employed on a seagoing vessel, contact a maritime law lawyer to discuss your legal rights.

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Maritime Law

Maritime law, often called admiralty law, is a set of legal rules and practices governing the business of employment and transportation of people and goods over or near navigable waters. If you have been injured while employed by a vessel or while you were a social guest on a vessel, it is important to consult an attorney to help you understand what conditions must be met to apply maritime law.

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No matter where your boating accident took place, the experienced Southern and Northern California boating injury law firm of Banning Micklow & Bull can analyze the facts, claims, and defenses relating to your lawsuit. It can make a difference to the tactical choices made in your case whether the accident took place on a lake, river, coastal waters, port or harbor, or the open ocean.

We also handle accidents relating to all forms of personal or recreational craft or vessels, ranging from jet skis, water skis, kayaks, and canoes, all the way up to the largest private sailboats, inboard cruisers, and yachts.

Call or e-mail a San Francisco or San Diego boating injuries lawyer at Banning Micklow & Bull for a free and confidential consultation about your claim.

Banning Micklow & Bull LLP - San Diego Boating Injuries Lawyers

One Market Street
Steuart Tower, Suite 1440
San Francisco, California 94105
Telephone: (415) 399-9191
Fax: (415) 399-9192

501 West Broadway, Suite 2090
San Diego, California 92101
Telephone: (619) 230-0030
Fax: (619) 230-1350

E-Mail Us

California ship injury lawsuit attorneys at Banning Micklow & Bull represent working seamen, recreational boaters, cruise passengers, longshore and harbor workers, sport and commercial fishermen, offshore oil and gas workers, and anyone else injured on the high seas, coastal waterways, or inland navigable waters of the Pacific Basin, California, Alaska, Hawaii, Tijuana, Mexico, Ensenada, Puget Sound, San Francisco, San Diego, Mission Bay, Santa Barbara, Oakland, Los Angeles, Long Beach, Redondo Beach, Ventura, Moss Landing, Richmond, Sacramento, Stockton, San Pedro, Crescent City, Wilmington, Bodega Bay, Pillar Point, Oxnard, Eureka, Half Moon Bay, Guam, Honolulu, Pago Pago, American Samoa, Saipan, Coos Bay, Los Angeles Harbor, and the San Francisco Bay Area and Delta.


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