Date: 06-09-2025

Case Style:

Luis Prada v. Cruise Yacht Opco, Ltd., Co.

Case Number: 24-cv-61761

Judge: Rodney Smith

Court: United States District Court for the Southern District of Florida (Broward County)

Plaintiff's Attorney: Eric Hayden

Defendant's Attorney: Darren Friedman

Description: Fort Lauderdale, Florida personal injury lawyer represented the Plaintiff on a marine negligence theory claim.

In marine negligence law, negligence is established when a shipowner, employer, or other party fails to exercise reasonable care, leading to injury or damage. This failure can include things like failing to maintain seaworthiness of a vessel, providing a safe work environment, or adhering to safety protocols. A seaman or other injured party can sue for negligence under maritime laws like the Jones Act or general maritime law.

Here's a more detailed breakdown:

1. Duty of Care: Shipowners and employers in the maritime industry have a duty to ensure the safety and well-being of their crew and passengers. This includes providing a seaworthy vessel, maintaining equipment properly, and ensuring a safe working environment.

2. Breach of Duty: Negligence occurs when this duty of care is breached, meaning the shipowner, employer, or other party fails to meet the required standard of care. This can manifest in various ways, such as:

Unseaworthiness:

A ship that is not fit for its intended purpose, leading to accidents or injuries.

Unsafe Work Environment:

Failing to provide a safe workplace, including failing to maintain equipment, provide proper training, or enforce safety protocols.

Failure to Warn:

Failing to warn employees or passengers about known dangers or potential hazards.

Negligent Operation:

Failing to operate a vessel in a safe and reasonable manner.

3. Causation: The negligence must be the direct cause of the injury or damage. This means the injury or damage would not have occurred but for the failure of the shipowner, employer, or other party to exercise reasonable care.

4. Damages: The injured party must have suffered actual damages, such as medical expenses, lost wages, pain and suffering, and other related losses.

5. Jones Act: This federal law specifically protects the rights of seamen injured on the job, allowing them to sue their employers for negligence. The Jones Act's "featherweight" causation standard means a seaman only needs to show that the employer's negligence played any part, even a slight one, in causing the injury.

6. General Maritime Law: This body of law governs a wide range of maritime activities and disputes, including negligence claims involving injuries to seamen, passengers, and other individuals.

7. Maintenance and Cure: General maritime law also provides for maintenance and cure benefits to injured seamen, which include medical treatment and living expenses until the seaman reaches maximum medical improvement or is able to return to work.

8. Defenses to Negligence: In some cases, a shipowner or employer may be able to avoid liability by asserting a defense, such as contributory negligence (the injured party's own negligence contributed to the injury) or assumption of risk (the injured party knowingly accepted the risk of injury).

Outcome: Settled and dismissed.

Plaintiff's Experts:

Defendant's Experts:

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