Bluestein Law Firm, P.A. FindLaw IM Template 2025-03-31T12:38:34Z https://www.bluesteinlawoffice.com/feed/atom/ WordPress On Behalf of Bluestein Law Firm, P.A. <![CDATA[What to know about parasailing injuries]]> https://www.bluesteinlawoffice.com/?p=47176 2022-07-28T21:21:38Z 2022-07-28T21:21:38Z Maritime law is a specific area of law An accident that happens on a body of water falls under maritime law. Pursuing legal action after a parasailing incident requires thorough knowledge of these statutes. It is crucial to recognize that this is a particular area of law with unique rules and regulations that differ from the state's other personal injury laws.

Common causes of parasailing injuries

Many circumstances can lead to an injury while gliding over the water. Some typical reasons these accidents occur include:
  • Mechanical issues with the boats
  • Worn out harnesses
  • Weak tow lines
  • Adverse weather conditions
  • Unskilled boat operators
  • Failures with the canopies

Filing a legal injury claim

Often the injuries from a parasailing accident are severe. It is unusual to walk away from these circumstances with minor damages. A lawsuit helps you recover compensation for medical expenses, lost wages, and pain and suffering. It is advisable to take action as soon as possible for several reasons. You need to begin gathering evidence right away to prove your case. Additionally, you do not want to miss your opportunity to file because you do not know the statute of limitations. Presenting your case before the court to show liability requires an in-depth understanding of maritime laws. Parasailing injuries can leave you with physical problems and extensive financial losses. Know your rights under South Carolina law to protect your future and prevent further loss.]]> On Behalf of Bluestein Law Firm, P.A. <![CDATA[Busier SC waterways may make boating accidents more likely]]> https://www.bluesteinlawoffice.com/?p=47170 2022-06-30T22:56:27Z 2022-06-30T22:56:27Z fail to follow the law and basic safety guidelines.

How many boats are on southeastern SC waterways?

There are over 500,000 registered boats in South Carolina. According to the South Carolina Department of Natural Resources, Charleston County has the highest number of registered craft, including over 27,200 boats and over 1,400 personal watercraft. In Dorchester and Berkeley Counties there are roughly another 20,000 registered boats and over 1,600 personal watercraft.

How frequent are boating accidents?

The SCDNR reports that 2021 marked the highest number of recreational boating accidents in the last 10 years. In addition to 201 boating accidents, there were 21 fatalities reported that year. South Carolina is not the only state to see a major increase in both recreational boaters and boating accidents. According to the U.S. coast guard, 2020 saw over 5,200 accidents, 3,100 injuries and 760 deaths. Compared to 2019, that was a 24.7% increase in injuries and a 25.1% increase in fatalities compared to 2019. Unfortunately, a booming boating and watersport industry means more people who may be inexperienced, unprepared or simply reckless. Those heading out to enjoy the water should make sure they have appropriate safety gear on board, understand SC maritime laws and keep an eye out for negligent boaters whose behavior could put others at risk.]]> On Behalf of Bluestein Law Firm, P.A. <![CDATA[Who is liable in a boating accident?]]> https://www.bluesteinlawoffice.com/?p=47167 2022-06-04T00:27:45Z 2022-06-04T00:27:45Z compensation after a boat crash. According to the American Boating Association, there were over 4000 accidents every year since 2001. See below to see for a brief overview of boating accident liability.

Boat owners

The boat owner must provide a safe and seaworthy vessel. If they do not maintain their equipment or neglect safety regulations, the boat owner might have liability in the accident even if they did not pilot the boat at the time.

Boat operators

Usually, the boat operator has some fault in the accident. Factors such as reckless piloting, speeding or not paying attention may mean the operator has to pay damages to injured parties.

Rental companies

If you rented a boat and got into an accident, the rental company may owe you damages. You likely signed a waiver to protect the renter from some liability. However, if they gave you a faulty or unsafe vessel, they may owe damages to all injured parties.

Passengers

Sometimes a passenger contributes to the boating accident. If a passenger on board distracted the driver or endangered other passengers’ lives in some way, they might have to pay out damages. Boating insurance operates very similarly to car insurance. When a party contributes to an accident, they have liability. Protect yourself from liability by taking care of your vessel and engaging in safe operating procedures.]]> On Behalf of Bluestein Law Firm, P.A. <![CDATA[What to bring in your water sports safety kit]]> https://www.bluesteinlawoffice.com/?p=46749 2022-05-06T17:58:09Z 2022-05-06T17:58:09Z dangerous and unexpected accidents can occur in the water though, so it is vital to go prepared. Boating, jet skiing and even swimming are all examples of water sports that can lead to serious maritime injury. Before engaging in any of these activities, make sure you stock your safety kit with the essentials.

Water sports safety kit checklist

When you go out on the water, you need to anticipate any unfortunate incident that can occur. Your safety kit should contain essentials that help prevent accidents, as well as supplies that aid in survival if things go wrong. At the bare minimum, your kit should include:

What to do if an accident occurs

As soon as an accident occurs in the water, alert a nearby lifeguard if possible. If you venture further out to sea, it may be necessary to use a VHF radio to call for help. Stop your boat and administer first aid to any injured passengers. Be aware that maritime injuries fall under a different category of law from most others, so you may need to contact a maritime lawyer after your accident. Potentially fatal accidents can befall the unprepared at any time while out at sea. You should exercise utmost caution while in the water, aboard a boat and even while operating equipment such as jet skis. Your safety kit will help give you peace of mind so you can enjoy a fun afternoon in the sun.]]> On Behalf of Bluestein Law Firm, P.A. <![CDATA[Tips to keep your passengers safe while boating]]> https://www.bluesteinlawoffice.com/?p=46736 2022-03-29T19:53:49Z 2022-03-29T19:53:49Z American Boating Association (ABA), 6.5 deaths occur per 100,000 registered recreational vessels in the United States. If you want to avoid a tragic end and enjoy your day out on the water, keep reading for some tips to prevent boating accidents.

Stock enough life jackets

The ABA reports that 86 percent of drowning victims do not wear life jackets. This simple safety precaution would cut down on boating fatalities by a significant amount. Always carry enough life jackets for every passenger onboard your vessel.

Equip safety essentials

Besides life jackets, your boat needs flares, navigation lights, a whistle, a horn or siren, a first-aid kit, an anchor and a fire extinguisher. This is the bare minimum, and you should consider investing more to keep your passengers safe. The U.S. Coast Guard provides free safety checks, so there is no reason for you to pilot an unsafe vessel.

Pay attention to the weather

Always know what to expect from weather conditions. Return to shore at the first sign of trouble. You do not want to be in a small vessel in the middle of a storm. There is much more to boating safety besides the advice listed above. Contact your local marina about taking a boating safety course to prepare yourself for every situation. Do not leave the lives of you and your loved ones up to chance.]]> On Behalf of Bluestein Law Firm, P.A. <![CDATA[Tips that can help you avoid boating accidents]]> https://www.bluesteinlawoffice.com/?p=46733 2022-02-26T02:31:55Z 2022-02-26T02:31:55Z Make sure you are thorough When you are spending time out on the open water, you need to make sure that you are careful and thorough the whole time. From knowing your boating terminology to making sure that you are aware of others who are also out on the water, the more aware you are of your surroundings and your watercraft, the safer you are likely to be.

Make sure to stay focused

Along with making sure that you know your terminology and have awareness of your surroundings, you also need to place a priority on mental focus on the task at hand while you are out on the water. Many may think that they are going to have a relaxing time out on the water, only for it to end in an accident or injury because they were not paying proper attention to what they were doing. While boating can be a pleasant pastime, it is important to take it seriously. By being alert you can help avoid situations that could cause harm to you or others.]]> On Behalf of Bluestein Law Firm, P.A. <![CDATA[What to do after a jet ski accident]]> https://www.bluesteinlawoffice.com/?p=46729 2022-01-28T18:25:44Z 2022-01-28T18:25:44Z Assess the situation After any recreational boating incident, the first thing you should do is check on each person involved. Get everyone out of the water immediately. Take a headcount and make sure your entire party is safe. You may need to get away from the vessel if possible. A damaged, fuel-filled jet ski could ignite and cause further injuries.

Call the authorities

Contact the local authorities to document the accident. Depending on where the event occurred, you may need river rescue or the coast guard. 911 operators will dispatch the right team for you.

Get checked by a medical professional

Visit a doctor, even if you feel fine. Tell all medical personnel if you swallowed any water during the accident. They will need to check you for lingering damage and conditions like secondary drowning. During secondary drowning, air sacs in the lungs retain fluid and cause pulmonary edema. Lingering water may also cause vocal cords to spasm and close off the airway. Symptoms usually appear immediately after the incident but sometimes do not show up until hours later. Boating and jet skiing injuries are common, and victims have a right to seek compensation. Keep your head above water and know what to do if an emergency strikes.]]> On Behalf of Bluestein Law Firm, P.A. <![CDATA[Does the Jones Act apply to you as a maritime worker?]]> https://www.bluesteinlawoffice.com/?p=46724 2021-12-28T21:29:04Z 2021-12-28T21:29:04Z maintain safe working environments aboard their ships or vessels. It applies to those who meet certain eligibility requirements.

Who the Jones Act covers

The Jones Act covers masters, officers, captains and crew members who spend specific amounts of time working at sea. More specifically, it applies to masters, officers, captains and crew members who spend at least 30% of their on-the-job hours working on a “vessel in navigation” or a group of vessels that share ownership.

What constitutes a “vessel in navigation”

For a ship to be a “vessel in navigation,” it must be on the water, capable of moving and located on navigable waters. The vessel does not necessarily have to be in motion, however. A maritime worker who suffers an injury on a ship tied to a dock may still be able to seek compensation under the terms of the Jones Act. Maritime workers who wish to pursue compensation under the Jones Act must report their injuries to their supervisors within a specific timeframe. They should also fill out accident reports and seek prompt medical treatment ahead of filing a claim against their employers.]]> On Behalf of Bluestein Law Firm, P.A. <![CDATA[Consuming alcohol while boating]]> https://www.bluesteinlawoffice.com/?p=46721 2021-12-02T15:15:18Z 2021-12-02T15:15:18Z Boating under the influence The law allows people to consume alcoholic beverages while piloting a boat, but drunk boating is illegal. A person is under the influence if he or she is unable to safely operate a marine vehicle. Typically, courts will consider such a person under the influence if their blood alcohol level is .08 or higher.

Penalties for BUI

The consequences for a BUI vary based on multiple factors, including the number of prior convictions. After a first offense, courts will impose a fine of $200 and incarceration for up to 30 days. For a second offense, the fine increases to up to $5,000, and the potential jail sentence rises to one year. BUI offenders could face a maximum fine of $6,000 and a maximum sentence of three years for a third conviction. The severity of penalties increases if a BUI results in bodily injury or property damage. In addition to criminal penalties, the operator will likely lose their boating license for between six months and two years, depending on if they have previous offenses. Injuries on the water are very common. If an injury occurs because someone was boating under the influence, the affected parties may be able to seek compensation.]]> On Behalf of Bluestein Law Firm, P.A. <![CDATA[3 most common causes of boating accidents]]> https://www.bluesteinlawoffice.com/?p=46718 2021-10-22T18:14:05Z 2021-10-22T18:14:05Z 1. Distracted driving Even on the water, a distracted driver may prove deadly. In boating, the operator may become inattentive for a variety of reasons. While it may not seem as urgent to concentrate on operating a boat as with a car, failing to remain present and focused results in crashes. In some instances, boats may drift into shallow water, strike objects and other boats or eject a passenger in the event of a sudden overcorrection.

2. Inexperienced operator

While boating seems simple, it is not for everyone. It is not the same as driving a car or other land vehicle. When an inexperienced boater gets behind the wheel, the chance of an accident increases. Between not understanding the more subtle nuances of boats, amateur operators may not recognize channel markers meanings or approaching weather changes.

3. Driver intoxication

Having a few drinks before operating a boat may prove just as risky as doing so in a car. Intoxicated boaters tend to go faster, take on riskier water and weather conditions and strike docks. A drunk boater is just as dangerous as a drunk driver. In some cases, even more so since a boat typically holds more people than a vehicle. Avoiding the common causes of boating crashes may come down to remaining diligent as an operator and fellow boater.]]>