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We are all familiar with the notion of a lawsuit being brought over a fall on a slippery floor. However, the idea of a lawsuit over a floor that was not slippery enough appears unusual. That’s exactly what an injured man from New York is claiming in a Spirit of Norfolk lawsuit.
The Spirit of Norfolk is a ship that operates dinner cruises from the Waterside area of Norfolk. It’s a popular local attraction. However, over the last week it has made headlines across the nation for the wrong reasons.
A lawsuit filed in federal court accused the owners of the cruise ship of inappropriately using no-skid flooring on a section of the ship where cruisers play the game cornhole.
The Spirit of Norfolk lawsuit was brought by 66-year-old Jeffrey Makuch from New York. Makuch said he took a cruise on the ship in June 2016 and fell down while playing cornhole. He claimed the no-skid floor made it impossible for him to properly shift his weight while stepping to throw a beanbag.
The cruise ship owners have filed a reply denying that their flooring presents a risk. According to the Virginian-Pilot, the lawsuit seeks $375,000 in damages.
According to the Spirit of Norfolk lawsuit, Makuch suffered unspecified “severe and permanent damages.”
Under the law of premises liability, the owner or the operator of premises can be held liable for slip-and-fall injuries caused by negligence.
Typically, slip and fall lawsuits are brought over injuries from water or other substances being left on floors without warning signs or over polished floors. Our Norfolk injury lawyers represent people hurt in slip and fall incidents.
Maritime law is a complicated area of litigation. Not all attorneys are able to take on these cases. In recent years, maritime law has been extended from the high seas to include cruises on pleasure boats.
The chances of success in a personal injury lawsuit can depend on where it occurred. Boaters who are involved in accidents on rivers or lakes are often surprised to learn that their case does not fall under state personal injury law in the same way as a wreck on the highway.
Instead, an accident may fall under the considerably more complex set of federal laws, called admiralty law or maritime law. Maritime law may apply to injuries on a ship or on shore, and to recreational boaters as well as employers. It could cover workers at the Port of Virginia. Maritime law may be relevant in the following scenarios.
Originally, federal maritime law was only responsible for regulating behavior on the high seas. It has been expanded to cover all navigable waters in the United States. This includes a body of water including a river such as the James River, a lake, the ocean or another navigable waterway used for interstate or foreign commerce, or is capable of being used for interstate or foreign commerce.
For a case to fall under maritime law, it must have either taken place in navigable waters or involve a recreational boat in navigable waters.
At Cooper Hurley Injury Lawyers, we have handled boating accident cases on the high seas and on rivers and lakes in Virginia and elsewhere. Please contact us for a free consultation if you have been injured.