NEW YORK BOAT ACCIDENT LAWYER AND JONES ACT ATTORNEYS
OFFICES IN MANHATTAN AND WESTCHESTER COUNTY, NY
FOR NYC CALL: 212-858-0503
FOR WESTCHESTER CALL: 914-574-8330
Michael Joseph is an experienced New York City Jones Act and boat accident Lawyer and Westchester maritime accident attorney 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, marina accident cases and pleasure boat accident cases.
THE JONES ACT AND UNSEAWORTHINESS
Our New York Jones Act lawyers know that if you were a member of a 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 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 analyze who is at fault for your injury.
Call our New York Jones Act lawyers for a free consultation.
WRONGFUL DEATH AND FATALITY CASES- THE DEATH ON THE HIGH SEAS ACT
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 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.
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
UNSAFE TRANFERS AND GETTING ONTO AND OFF VESSELS
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.
Marina and Port Accidents
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
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.
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 boat accident fatality lawyers today.
Line Handling and Winch Injuries
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.
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.
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 U.S. Coast Guard, in 2020, recreational boat fatalities increase by 25%. US Coast Guard & OSHA