Miami Partner and Board Certified Admiralty and Maritime attorney, Richard Rusak, obtained a federal judgment exonerating a recreational boat operator from any liability associated with a boating accident.
The plaintiff was a guest aboard a center console boat owned and operated by the firm’s client. During a cruise in the Intracoastal Waterway near Ponce de Leon Inlet, the boat struck a wave causing the plaintiff to be lifted several inches out of his seat. The force generated when the plaintiff fell back into his seat caused a significant vertebral compression fracture. Taking advantage of a 170-year-old law, Richard petitioned the federal court to exonerate the firm’s client from any liability associated with the accident. The plaintiff claimed the firm’s client was negligent and; therefore, not entitled to exoneration.
Richard was able to demonstrate that the plaintiff failed to elicit evidence that could establish that the boat operator breached his duty under maritime law to exercise reasonable care under the circumstances. Upon this finding, the federal court entered a judgment in favor of the firm’s client exonerating him from any liability.
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