New York City Boat Accident Lawyers And New York Jones Act Lawyers
Michael Joseph is an experienced New York City Jones Act boat accident Lawyer who has won millions in settlements and judgments. Mr. Joseph has handled countless boat accident cases and won both at trials and at the appellate level. We built our success on personal attention to our clients and dedication to winning. We are on your side. Our New York maritime boat accident attorneys have extensive experience in handling Jones Act cases, maritime fatality cases Death on the High Seas Act Cases (DOSHA), marina accident cases, ferry accidents, fishing boat accidents and pleasure boat accident cases.
Types Of Cases That Our New York Boat Accident Lawyers Handle
Our Attorneys Know the Maritime Law
Choose a Jones Act Lawyer Who Knows the Bow From the Stern
The Jones Act
Protecting Professional Mariners Injured On the Waters
Death On The High Seas- Wrongful Death On the HIgh Seas
Representing the Families of Lost Mariners
Sailing And Pleasure Boat Accidents
Injured By a Weekend Warrior on the Water- Call Us
Marina Accidents
Vessel Fires
The Jones Act Protects Professional Mariners
The Jones Act and Unseaworthiness
Our New York Jones Act lawyers know that if you were a member of a boat’s crew and suffered a personal injury while working because of the carelessness or negligence of the captain, a fellow crew member or the owner you can sue your employer and the vessel owner under the Jones Act. If you suffered a personal injury while working on the water because a dangerous condition aboard a ship, you can sue the vessel owner under the unseaworthiness doctrine. Both the Jones Act and the Doctrine of Unseaworthiness allow an injured seaman to recover money damages for pain, suffering, lost wages, lost benefits (vacation/ fringe benefits) and reduced earning capacity. Any condition which makes the vessel not reasonably safe makes the ship unseaworthy and the law allows seaman who are injured because of unseaworthy conditions to sue.
Our New York Jones Act lawyers only represent injured maritime workers and do not represent any vessel owners, shipping companies or fishing boats. In other words, “We are on your side”. Whether you were injured in a New York Waterway Ferry, a tug or barge that was traveling up the Hudson, or a fishing boat, our New York Jones Act Lawyers, have the experience to win your case. Our New York City and Westchester maritime accident attorneys are familiar with the union contracts, maritime benefits and this understanding allows us to serve you better.
The New York Jones Act lawyers at the Law Office of Michael H. Joseph PLLC, have represented injured workers in New York Harbor for over two decades. Our New York maritime attorneys have handled numerous crew injuries including cases involving tug workers, barge workers, ferry workers, injuries on container ships and commercial fishing accident cases. We know the industries and are able to understand and prove who is at fault for your injury.
Call our New York Jones Act lawyers for a free consultation.
Who Can Sue Under The Jones Act?
Our New York Jones Act lawyers know that anyone who works aboard a vessel that transits on navigable waters is covered under the Jones Act and can sue if they are injured. The following are a few examples of the types of workers who can sue under the Jones Act.
Tug Workers
New York harbor has alot of tug and barge activity, both in New York City and up and down the Hudson River. If you got hurt while working on a tug boat because of a dangerous condition aboard the vessel or because a co-worker was negligent, you can sue your employer and the vessel owner under the Jones Act.
Barge Workers
Barges are a common sight on New York’s waterways. Even though barges do not have their own propulsion, they are nevertheless considered to be vessels under the Jones Act and General Martime Law. If you got hurt working on a barge because of defective equipment or a dangerous work practice or because a fellow crew member was negligent, you can sue under the Jones Act and General Maritime law.
Blue Water Seamen- Container Ships
If you work on a container ship, you are a true blue water seaman and can sue under the Jones Act, if you suffered a work related injury. No matter whether you slipped and fell on the deck, were struck by an object that fell, slipped and fell in the engine room or were injured because of navigational errors, our New York City Jones Act lawyers have the experience to handle your case.
Ferry Workers
If you work on one of New York’s wter taxis or the Staten Island Ferry, you are covered under the Jones Act. If you suffered a work place injury while working on a ferry on New York’s waterway, you can sue your employer under the Jones Act and General Maritime Law. Our New York City Jones Act lawyers know that maritime industry safety standards apply to New York City’s ferries.
Commercial Fishing Injuries
Our New York commercial fishing accident lawyers have handled numerous commercial fishing accidents, including injuries on long liners, trawlers, clam boats and even party boats. Our Maritime attorneys know that commercial fisherman are often expected to work long hours and make due with sub-par equipment. If you were injured in a commercial fishing accident because of an unsafe condition on the vessel, or because the vessel owner didn’t give you the equipment you need, then you can sue. Also if you were hurt because the captain, mate or other crew members were careless, you have a case.
Our New York Jones Act Lawyers Fight For Injured Seamen
When Can A Mariner Sue Under The Jones Act
Unsafe Transfer Accidents
If you are a Jones Act seaman, the vessel owner has to provide a safe means to get onto and off of the vessel. If you have to utilize a dangerous means to get onto of off of the vessel, or to cross from one vessel to another, you may have a lawsuit under the Jones Act.
Slip And Fall Accidents Aboard Vessels
Among the most common cases of boat accidents that our New York Jones Act Lawyers see are cases where crew members slip and fall because of a lack of non-skid materials on the deck. Ships are constantly surrounded by water, so it is foreseeable that decks will get wet and to prevent seaman from slipping and falling, the industry standards for over 30 years has been to paint the exposed decks with non-skid paint. Non-skid paint is paint that has sand or other abrasive substances added to it, which provides better traction than paint which is used for other purposes.
Man Overboard
Our New York Maritime wrongful death attorneys know that the old saying “One Hand for the boat, One Hand for Me” is an outdated relic and encourages unsafe work practices. When commercial sailors, tug workers and commercial fisherman have to work on the railing, there is no excuse for them not to have harnesses and life lines in this day and age. If you lost a husband or father at sea, don’t let the company tell you it was just bad luck. These companies are notorious for cutting corners and overworking their crew members. Call our New York boat accident fatality lawyers today.
Line Handling And Winch Accidents
Another common type of injury that our maritime lawyers have handled are injuries that occur while taking in lines. Whenever lines are moving or lines are being put out or brought in on a winch, the line can snag or and catch something or someone. A common scenario is a reversed shackle which catches another line and creates a sweep across the deck. Injuries involving lines and winches continue to be one of the most preventable types of accidents because if the lines are carefully being tended, the accident can be prevented.
Inadequate Crew
If you got hurt because there were not enough crew members to do the job, or because the crew members were poorly trained and caused an accident, you can sue under the Jones Act and General Maritime Law. Our New York Jones Act lawyers know that shipping companies, commercial fishing boats and tug companies are required to provide adequate crew and enough crew to do the job.
Maritime Fatality Cases The Death On The High Seas Act
Wrongful Death and Fatality Cases
The Death on The High Seas Act
Every seaman has the right to come home to his family.
If he doesn’t our maritime lawyers will work tirelessly to get his family what they deserve.
If a loved one suffered a fatality in a boat accident at sea, their dependents bring a wrongful death lawsuit to recover the financial benefits that the deceased provided. We understand how traumatic the loss of a husband and father can be and will handle your case in a dignified matter which your decedent deserves. Our New York maritime attorneys are experienced in all types of maritime injuries and fatality cases and can get you the financial compensation you deserve. If your husband was lost at sea or suffered a maritime fatality, our maritime wrongful death lawyers will fight to make sure you and your children are taken care of. We will work with maritime experts such as engineers and retired captains to show that the company was at fault and will hire economists to prove the amount of support you would have received. Every seaman has the right to come home to his family. If he doesn’t our maritime lawyers will work tirelessly to get his family what they deserve.
Boating Accident Statistics
According To The United States Coast Guard
In 2019, there were 4,168 recreational boating accidents that involved 613 deaths, which is a .6 % increase in recreational boating accidents from the prior year. Lack of proper instruction and safety training was a significant factor in the boat accident fatality rate with 70% of the deaths occurring on boats where the boat operator did not receive boating safety instruction.
According To Osha
Between 1997 and 2006, 305 employees were killed on barge/tow combinations, and 379 explosions or fires occurred on barges or towboats, killing 14 employees.
According To The United States Coast Guard
In 2020, recreational boat fatalities increase by 25%. Our New York boat accident lawyers know that the top contributing factors for boat accidents were alcohol, inattention, improper lookout, excessive speed and operator inexperience.
Lost At Sea
If you husband was a member of a crew aboard a vessel that was lost at sea, then you can sue under the Death on the High Seas Act. Our New York boat accident lawyers know that the most common causes of vessels being lost at sea are overloading and navigational errors, such as travelling during unsafe weather, hitting another vessel or underground structures. All of these scenarios arise from negligence by the captain. Fishing boats are notorious for taking on more fish and weight than their vessel can handle or going through rough weather rather than detouring around it and taking a safer route.
New York Boat Accident Lawyers
Our New York boat accident lawyers have represented both pleasure boaters and commercial seaman who were injured because of a dangerous condition in port. These include dangerous and broken cleats on ramps and other maritime unsafe conditions including decks without non-skid coating.
Our attorneys have also handled cases involving vessels that were launched in an unsafe manner. If you suffered a marina injury, whether it be at a City marina, yacht club, boating club, fishing pier or a commercial port, our New York and Westchester maritime accident lawyers can get you the recovery you deserve.
Sailing and Pleasure Boat Accidents
If you were injured or had a family member killed in a boat accident involving a yacht, sail boat, motor boat, jet ski, a charter fishing boat or other pleasure craft, you need an experienced New York boat lawyer on your side.
New York’s waterways have an abundance of recreational boaters from Long Island and Westchester in the Long Island Sound, the Hudson River and from Queens, the Bronx, Brooklyn and Manhattan in the East River, Jamaica Bay and the other local waterways. People sailing in the sea in a pleasure craft or sail boat may find themselves involved in an accident. This is where a New York City boat accident lawyer can be of assistance. The accident could be caused as a result of negligence or inexperience.
Unfortunately, inexperienced captains and crew often cause collisions and even capsized vessels. Too many owners of small boats don’t know the maritime navigation rules or realize that boats have limits as to the amount of people and weight that can be aboard. Also maintenance issues are a major cause of boating accidents and personal injuries According to the United States Coast Guard over eight percent of all boating accidents involving fatalities occurred with boats which were smaller than twenty six feet. The most common cause of death among recreational boaters is not using a life jacket or personal floatation device.
An accident involving a pleasure craft can be an emotionally devastating occurrence for an injured person or a family who suffered a maritime fatality. The boat owner will often try to seek pity and capitalize on personal relationships to keep victims from seeking the compensation they deserve. Our boat accident lawyers know better and we know that despite the seemingly empathetic defendant’s pleas, he or she will not be there for your family. You have to look out for yourself and your family. Friendship ends the second the boat owner’s carelessness or negligence causes an injury or death. If they were a good friend, they would have taken adequate care to protect the safety and lives of their passengers. If someone’s negligence resulted in an accident at sea, you definitely need professional legal representation
Marina and Port Accidents
If you were injured in a marina accident, it was probably because the marina was negligent in complying with accepted maritime safety customs. Our New York boat accident lawyers know that all marinas have a responsibility to provide safe access to and from the boats. If you were injured in a slip and fall accident at a marina, because of a broken cleat or because the decks did not have non-skid surfacing, you can sue the marina. It is well known in the maritime industry that maritime surfaces are constantly subject to water and mist and often get wet. To counteract the dangers of a slip and fall on a maritime walking surface, it has been the accepted industry practrice for over 50 years, to treat surfaces on vessels, marinas and piers, including gangways with non-skid coating.
Navigation Errors
Our New York Maritime lawyer Michael Joseph is not only an attorney, but is an active mariner and holds a personal watercraft license and has experience operating both motorboats and sail boats. If you suffered personal injuries or significant property damage because of a collission with another vessel or because the vessel ran aground or struck an underwater structure or reef, call our New York boat accident lawyers now.
Vessel Fires
A vessel fire can be a terrifying experience. One minute you are enjoying a day on the water, the next minute the boat is engulfed in flames and you are jumping overboard. Our New York boat accident lawyers know that fires aboard vessels don’t just happen. Fuel leaks or gas fuels are the most common causes. If a boat was recently filled with gas and the Captain did not close the open areas, that allows gas fumes to enter and remain in the boat and any little flash can ignite them. Also if a boat was recently worked on or underwent repairs or maintenance and the gas lines were not adequately closed, this can allow fuel to escap and catch fire. A fire on a boat is not an accident, but usually the result of negligence.
Negligent Launch- Marina Negligence
Our New York boat accident lawyers know that marina workers can be cowboys, and are often careless and launch boats in an unsafe manner. If you sustained an injury or property damage because a boat was launched in an unsafe manner or the marina’s equipment was defective or the launch occurred during unsafe conditions, call our New York boat accident lawyers. Unlike most maritime attorneys, we will take a significant property damage claim on contingency, so you don’t have to pay attorney’s fees upfront, while you are still recovering from the loss of your vessel.
New York City Jones Act Lawyers
From our Midtown Manhattan office, our New York City Jones Act lawyers represent merchant marines and maritime workers who are injured on New York’s waterway, including commercial fisherman, tug and tow crew members, New York City Ferry Service workers, New York City Police Marine Units and container ship crew members.
Our Midtown Manhattan Office
18 West 33rd Street
Suite 400
New York, NY 10001
Tel (212) 858-0503
Our Westchester Office
203 East Post Road
White Plains, NY 10601
Tel: (914) 574-8330
The Company Is Suing Me- What Do I Do
Maritime law is unique and has several nuances that alot of general practitioners are not familiar with. Sometimes when there is a bad accident or an accident involving fatalities, shipping and commercial fishing companies use unscrupulous legal tactics to try and avoid liaiblity. Our New York boat accident lawyers are familiar with these tactics and how to successfully oppose them.
Did You Get A Notice Of A Lawsuit After Getting Hurt Working On The Water
Maritime employers often try to cut short their obligation to pay injured seaman maintenance and cure by filing declaratory actions, and seeking a court order which declares that the company is no longer obligated to provide benefits. The company is hoping that you will do nothing, because if you do not file papers with the Court opposing their lawsuit and counter suing them, you will lose on default. Basically, the company is trying to take advantage of your situation and use it to their advantage.
Limitation Proceedings
If your family member was killed while working for fishing boat, shipping company or other maritime employer and you got served with papers, the boat owner is probably trying to use the limitation of liability doctrine, that limits the amount of a recovery to the value of the vessel, which is probably less than what you are entitled to. This ancient maritime doctrine follows the rule that the liability of a vessel owner should be limited to the investment in the voyage, which is the cost of the ship. This concept is an archiac relic of the days prior to commercial insurance becoming available.
Is There A Way To Contest A Limitation Proceeding After A Maritime Accident
Yes, our New York Jones Act lawyers know that as a prerequistie to utilizing a limitation proceeding the vessel owner must have supplied a seaworthy ship in the first place and if they failed to do so they are not entitled to limit their liability. Any defect or insufficiency of the vessel or the crew, which caused the accident can render the vessel unseaworthy.
What Do I Do If I Was Served With Papers
If you were served with papers after a maritime accident, call an experienced maritime accident lawyer. You only have 20 days to file papers and assert your rights.
What Happens If I Do Nothing
If you do nothing and sit on your hands, you will lose important rights to seek the recovery that you are entitled to. So if you do not file an answer and counter-claim, the vessel owner will likely be granted the relief that they are seeking on default.
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 354-3809. You can also request a case review online
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