boating accident

[67hat34c]

I am a commerical liabilty adjuster and got a new claim today. We insure a condo associaion in south fl on the intercoastal waterway. Someone last summers was opperating his personal boat pulling a Tube with 2 teens on it. slammed them into the seawall on our insureds property.
Both teens suffered catastriphic injuries but lived.

the attorneyfor one of the teens is filing a cliam agains the condo association for improper maintenance of the seawall an improper safety markings warning of the dangers. He said the association should have kept the seawall clean of barnicles and should have posted no wake or slow speed signs or signs to keep boaters clear.

Well aint that the sh-t.

 

[captddis]

what dirtbags!! A lawyer I know once told me they go where the money is, fault is secondary. How do they sleep at night.

 

[Capt K]

The only way to stop sc$mbags from bringing suits like this is to make the plaintif pay if they lose and it is deemed frivolous.

Of course, they would just pass the cost on, but maybe it would slow them down.

K

 

[Angela]

The sad reality of this situation is that the condo association will likely pay something at the end of the day.

I worked on the plaintiff side of a truck/car accident that I never felt good about and it really ticked me off that we got paid on that. I didn't have a say in the decision; it was my job to work up the medicals and the special damages. A teenage couple were out smoking pot or who knows what and were high. The boyfriend was driving on the freeway and "thought" he saw something. So, he swerved violently, losing control and skidded into the path of a tractor-trailer who was driving legally, not speeding, etc., and in his own lane. The girlfriend passenger ended up with a brain injury. The girl's family brought a claim against the trucking company because the deadbeat boyfriend was uninsured and they knew the trucking company had deep pockets and LOTS of insurance. The trucking company paid a substantial settlement, and there was just NO reason for the trucking company to have done so - the driver was clean and so were his logs. They just wanted the matter to go away. For me, doing plaintiff work on that one, it was embarassing.

 

[Starman]

Simple solution..........

Counter sue them for damage to the bulkhead !

 

[hyperfishing]

Right Ang! I had several friends who were lawyers, and the stuff they had to do, made them hate themselves.

It is not easy going into court feeling sorry for the other party, but having to rip them to pieces.

Hence the reason many leave law, as the crooks frequently have the deepest pockets, and it takes some real mental gymnastics to stay sane while cashing those checks. Many lawyers go to "life coaches." I am surprised more politicians don't go to the same folks.

Many dentists hate what they do: "torturing people in a chair with their hands in someone's mouth", and lawyers are right up with loathing their chosen career path. Sad.

 

[Boss Lady]

Having just concluded being a victim of a frivilous lawsuit, i can tell you that lawyers can pick and chose the cases they take. In my case we refused to settle in the beginning of that case, which is the extorsion tactic currently used by bottom feeders hoping for an easy score. We went to the end of the line, and after their expert witness concluded that they didn't have a case, along with the fact that we had uncovered criminal wrong doing on the plaintiff's part and could pierce their corporate veil they chose to dismiss with prejudice and agreed to pay our attorney's fees. I have a signed, but worthless promissory note from the plaintiffs. The poetic justice is that their law firm did this on contingency, so they lost one years worth of time, and all the money the law firm spent on expert witnesses, and other expenses, since their clients were a bunch of scumbags. I am also out a considerable amount of money and time.

We need tort reform in the worst way.

I hope the condo association tells them to pack sand. You know it is not like the seawall could get out of the way of a moving object. Put me on the jury, please. While what happened is tragic, it was not an accident. There was a cause, and it resides with the people in the boat, not with a seawall.

Also, only the government can post no wake, or speed limit signs on the navigable waters. Also I am sure that CAMA would has plenty of laws regarding "not" cleaning wildlife off the seawall. Under the rules of navigation the captain of the vessel is responsible for safe operation, not the condo association.

 

[(Nobody You Know)]

i can tell you that lawyers can pick and chose the cases they take...

...We need tort reform in the worst way.

Well said Chris. Sadly, most politicians ARE lawyers. And they run the system. Newt Gingrich virtually had Tort Reform passed back in the 90's, but somehow it got canned.

 

[SKYCHENEY]

The law here in Michigan states that any boat pulling a skier/tuber must stay clear of any other craft, dock, or structure by 100ft. Maybe the seawall just jumped out there and got in the way.

Heres the reg:
Requirements for Towing SkiersObserver on PWC facing backward to watch skier

* Every vessel towing a person(s) on water skis, a surfboard, or a similar device must have a person, in addition to the vessel operator, observing the towed person(s) at all times.
* It is illegal to tow persons on water skis, surfboards, or any device of this type between:
o One hour after sunset and one hour before sunrise if towed behind a boat
o One hour before sunset and 8:00 a.m. if towed behind a PWC
* Persons being towed must stay at least 100 feet away from:
o Any moored or anchored vessel
o A dock or raft
o Any marked swimming area or person(s) in the water
* Those being towed behind a PWC must wear a U.S. Coast Guard—approved Type I, II, or III PFD. Inflatable PFDs may not be used.



Maybe they have something like that where your insured is located and their attorney just need to be educated.

 

[Boss Lady]

Don't pay them a nickle. This sounds like a sue everybody and see who flinches. I would find out if they properly reported the accident, and if the captain was cited for failure to properly operate his vessel. I would also find out if they have standing in the court and if they are sueing in the proper venue. Maritime law is different and the court jurisdiction is different. Do not roll over. I would rather pay the lawyers than the scum.

I would also see if it is even legal for them to ski/tube in that part of the waterway.

 

[captddis]

The problem is you/I don't get to decide to fight or settle, the insurance companies decide that and they would rather settle than litigate. they are afraid of Sympathetic juries made up of people who all want to stick it to the system . They settle, consider it a cost of doing business and raise our rates.

 

[Boatsb]

I think you all missed the correct defense. The seawall was home to many small sea animals and they were needlessly injured or removed from their homes. I think someone needs to defend the rights of the barnacles against the invasion by the tubers. That may offset the stupidity of the suit against the seawall.

A question for the pilots out there.

Since Buildings, towers and other structures over a certain height need lights for safety markers to show planes where they are can you sue G-D for not putting lights on the mountain you just hit?

 

[34Hatt]

So soon you will see all Sea walls with Caution signs!!! Wall does not Move, Wall is rough and can cause psychical damage.
That sound make are water ways more appealing.

 

[krush]

Since Buildings, towers and other structures over a certain height need lights for safety markers to show planes where they are can you sue G-D for not putting lights on the mountain you just hit?

Nebraska State Senator Sues God Over Natural Disasters

Monday , September 17, 2007

FC1
ADVERTISEMENT

Nebraska Democratic State Senator Ernie Chambers has decided to go straight to the top in an effort to stop natural disasters from befalling the world.

Chambers filed a lawsuit against God in Douglas County Court Friday afternoon, KPTM Fox 42 reported.

Click here for more from KPTM Fox 42 in Omaha.

The suit asks for a "permanent injunction ordering Defendant to cease certain harmful activities and the making of terroristic threats."

The lawsuit identifies the plaintiff as, "the duly elected and serving State Senator from the 11th Legislative District in Omaha, Nebraska."

Chambers also cites that the, "defendant directly and proximately has caused, inter alia, fearsome floods, egregious earthquakes, horrendous hurricanes, terrifying tornados, pestilential plagues..."

Chambers says he isn't suing God because he has any kind of beef with the deity. He says the suit is to fight possible laws restricting the filing of frivolous lawsuits. Chambers tells KPTM FOX 42 News that his lawsuit is in response to bills brought forth by other state senators to try and stop lawsuits from being filed.

"The Constitution requires that the courthouse doors be open, so you cannot prohibit the filing of suits," Chambers says. "Anyone can sue anyone they choose, even God."

Chambers bases his ability to sue God, as, "that defendant, being omnipresent, is personally present in Douglas County."

http://www.foxnews.com/story/0,2933,297121,00.html

 

[labrador]

Hey, It happens to all of us! We used to make vinyl pool liners. A kid dove into his backyard pool in the shallow end and broke his neck. We as the mfg of the vinyl liner got sued along with everyone who had anything to do with the pool, the wall mfg the installer and even the landscaper! My insurance company kicked in 30,000.00 just to keep it from going to trial! Of course the then raised my rates after that!!!!

 

[67hat34c]

In a trucking case i can understand they payout, who doesnt hate the truckers. Historicly trukers dont fair very well in court but not always, I got a defense verdict in a minor injury claim. Gloves are off with catastrophic injuries involving a truck. Herd of a claim where a semi trailer was parked legaly in a field. car on the interstate left the road, through a fence and into the filed and struck the trailer. Jury awarded multi million verdict.

In our case with the sea wall there is no presumed prejudice. however south florida is a verly liberal venue.

Would be interesting to see where the plaintiff attorney lives. Wonder if he lives on the ICW, bet he has no signs posted etc.

 

[Nonchalant1]

Having just concluded being a victim of a frivilous lawsuit, i can tell you that lawyers can pick and chose the cases they take. In my case we refused to settle in the beginning of that case, which is the extorsion tactic currently used by bottom feeders hoping for an easy score. We went to the end of the line, and after their expert witness concluded that they didn't have a case, along with the fact that we had uncovered criminal wrong doing on the plaintiff's part and could pierce their corporate veil they chose to dismiss with prejudice and agreed to pay our attorney's fees. I have a signed, but worthless promissory note from the plaintiffs. The poetic justice is that their law firm did this on contingency, so they lost one years worth of time, and all the money the law firm spent on expert witnesses, and other expenses, since their clients were a bunch of scumbags. I am also out a considerable amount of money and time.

We need tort reform in the worst way.

I hope the condo association tells them to pack sand. You know it is not like the seawall could get out of the way of a moving object. Put me on the jury, please. While what happened is tragic, it was not an accident. There was a cause, and it resides with the people in the boat, not with a seawall.

Also, only the government can post no wake, or speed limit signs on the navigable waters. Also I am sure that CAMA would has plenty of laws regarding "not" cleaning wildlife off the seawall. Under the rules of navigation the captain of the vessel is responsible for safe operation, not the condo association.

Boss Lady,

Could you now counter sue for your expenses?

Doug

 

[Paul45c]

In a trucking case i can understand they payout, who doesnt hate the truckers. Historicly trukers dont fair very well in court but not always, I got a defense verdict in a minor injury claim. Gloves are off with catastrophic injuries involving a truck. Herd of a claim where a semi trailer was parked legaly in a field. car on the interstate left the road, through a fence and into the filed and struck the trailer. Jury awarded multi million verdict.

In our case with the sea wall there is no presumed prejudice. however south florida is a verly liberal venue.

Would be interesting to see where the plaintiff attorney lives. Wonder if he lives on the ICW, bet he has no signs posted etc.

This must be right in my back yard -- either Lighthouse Point or Deerfield Beach, right? I heard about the accident. Ludicrous. Who isn't sorry for the injuries, but come on...put the blame where it belongs. Many of us did stupid things as teens, like Hydrosliding in the dark or whipping riders dangerously close to mangroves and such; you hope nobody gets hurt with it, but when they do you sure can't blame the property owner.

 

[Boss Lady]

There is no point in pursueing my case any further, the scumbag corporation has zero value, and to take it far enough to pierce their veil so we could go after them individually would take at least a year or more. At this point I just want to stop paying attorneys. These guys have really bad karma, I will let the Lord deal with them.