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Case Number: 1:23-cv-21177
Judge: Kathleen M. Williams
Court: United States District Court for the Southern District of Florida (Miami_Dade County)
Plaintiff's Attorney: Brett Schlacter
Defendant's Attorney: Bryan Edward Probst
Description: Miami, Florida maritime admiralty law personal injury lawyer represented Plaintiff who sued Defendant on a negligence theory.
Claudia Garzozi sued as the natural mother, legal guardian and next friend and on behalf of A.L., a minor child.
"The liability of a ship for on-board injuries caused by the negligence of the ship is governed by maritime law. Under maritime law, a shipowner is liable for the negligence of its employees and agents, as well as for the negligence of the ship itself. This means that if an injury occurs on board a ship due to the negligence of the shipowner, the shipowner may be held liable for the injured party's damages.
There are a number of factors that can be considered in determining whether a shipowner was negligent in causing an on-board injury. These factors include:
The condition of the ship
The training and qualifications of the crew
The procedures in place to prevent accidents
The actions of the injured party
If a shipowner is found to be negligent, the injured party may be able to recover damages for their injuries. These damages may include medical expenses, lost wages, pain and suffering, and other losses.
In some cases, the shipowner may be able to limit its liability for on-board injuries. For example, the shipowner may be able to limit its liability to the value of the ship. However, there are a number of factors that can affect the ability of a shipowner to limit its liability.
If you have been injured on board a ship due to the negligence of the shipowner, you should speak to an attorney to discuss your legal options. An attorney can help you determine if you have a valid claim and can represent you in a lawsuit against the shipowner.
Here are some of the most common causes of on-board injuries:
Slips and falls: Slips and falls are a common cause of on-board injuries, especially on ships that are not well-maintained.
Falls from an elevated height: Falls from an elevated height are another common cause of on-board injuries. These falls can occur from ladders, stairs, or other elevated surfaces.
Fires: Fires can also cause serious on-board injuries. These fires can be caused by a number of factors, including electrical problems, cooking fires, or smoking.
Collisions: Collisions between ships can also cause serious on-board injuries. These collisions can be caused by a number of factors, including negligence, bad weather, or mechanical problems.
If you have been injured on board a ship, you should seek medical attention immediately. You should also document your injuries and keep track of all of your medical expenses. You should also speak to an attorney to discuss your legal options." Google Bard
Outcome: 07/28/2023 8 PAPERLESS ORDER DISMISSING AND CLOSING CASE. THIS MATTER is before the Court sua sponte. On March 27, 2023, the Court entered an Order stating that "WITHIN TWENTY (20) DAYS from the date that the last Defendant responds to the Complaint, the Parties shall file a joint conference report and a joint proposed scheduling order, as required by S.D. Fla. Local Rule 16.1(b)." (DE 4 .) The Order also states: "Noncompliance with any provision of this Order, the Federal Rules of Civil Procedure, the Local Rules, or this Court's Practices and Procedures may subject the offending party to sanctions, including dismissal of this case. It is the duty of all counsel to take all actions necessary to comply with this Order." See Watts v. Club Madonna, Inc., 784 F. App'x 684 (11th Cir. 2019).
Defendant filed its Answer on June 13, 2023 (DE 6 ), and therefore the Parties' joint conference report was due by July 3, 2023. To date, the Parties have not filed a joint conference report or a joint proposed scheduling order and have not filed a motion for an extension of time to do so. Accordingly, upon a review of the record, it is ORDERED that this case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Kathleen M. Williams on 7/28/2023. (er01) (Entered: 07/28/2023)