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Personal Injury & Wrongful Death Attorneys
for Ft. Lauderdale, Miami & Florida Keys

Recreational and Commercial Diving

Brais Law Firm are Florida Board Certified Admiralty and Maritime Law attorneys who routinely represent injured recreational and commercial divers. The firm has more than 75 years of combined experience in maritime law and has earned a place multiple times in the Multi-Million Dollar Advocates Forum, earning 40 million dollars in recoveries for injured clients over the past four years alone. In addition, Keith Brais the firm’s founding partner, is a PADI certified “Open Water Diver”.


Recreational Divers and Snorkelers

Recreational diving and snorkeling are popular activities and a passion for many South Florida residents and tourists. If all proper precautions are taken and diving safety regulations are followed, most dives are fun and result in rewarding memories. When proper safety precautions are not followed, however, serious injuries and even death can result from a negligent dive boat operator, defective equipment or inadequate supervision. When a diver finds him or herself pulled from the peace and serenity of the ocean and transported to the emergency room with life altering injuries, someone may be responsible for causing that injury and may be liable for any resulting:

  • Injuries
  • Medical care (past and future)
  • Pain and suffering (past and future)
  • Lost wages (past and future)

Causes of Scuba Diving and Snorkeling Injuries

Popular causes of scuba diving and snorkeling injuries include:

  • Negligent supervision by dive operator
  • Defective equipment
  • Nitrogen narcosis
  • Failure to float a dive flag
  • Boat operator negligence
  • Boat operator intoxication
  • Negligent medical clearance to dive
  • Dive operator or supervisor failure to follow safe diving regulations
  • Dive operator failure to give instructions

The above list is not exhaustive. Determining who is liable requires legal analysis and expertise in legal theories such as agency law, products liability, strict liability, negligence, negligence per se, and perhaps most importantly it will require an expert in Admiralty and Maritime Law – you need a Miami diving accident lawyer.


State Law vs Maritime Law

Maritime law has ancient roots and has evolved into a large body of law in the U.S. called Federal Maritime Law. It is important to have a maritime attorney complete an analysis to determine whether state law or federal law will govern the outcome of your case. Diving injuries occurring on small lakes may be controlled by state law, where injuries occurring on navigable waterways or at sea are typically controlled by maritime law to the preclusion of state law.

Lakes that touch two or more states, for example, may be under maritime law jurisdiction regardless of the lake’s size. Whether the water is considered “navigable” is also an important determination. Navigable water is water that basically has access to the sea. However, even that description is not complete because if a dam or levee, for example, block access to the sea the water may be under state jurisdiction. A non-maritime legal expert will be able to look at state law, but it takes a maritime law attorney to fully understand the jurisdiction and choice of law that will allow the injured diver to recover for their injuries.

Contact Brais Law Firm today for an assessment of your legal rights.


Commercial Diving

Brais Law Firm also represents injured commercial divers and has extensive experience recovering for clients under the Jones Act and under negligence theories. Commercial divers may have a federal right to recovery under the Jones Act, but a maritime attorney must determine first if the commercial diver is a Jones Act seaman. Jones Act seamen have a statutory right to compensation for injuries under certain conditions. If the diver is determined not to be a Jones Act seaman but the employer was negligent or acted with reckless disregard there may still be a strong case for recovery for the diver’s injuries. Other theories of recovery may include contract breaches, unseaworthiness, negligent hiring of a reckless supervisor, and more.

Brais Law Firm are experts in federal maritime law and state marine law. Contact Brais Law Firm today at (305) 779-5693 or toll free at 1-888-238-5637.

Brais Law Firm are Florida Board Certified Admiralty and Maritime Law attorneys who routinely represent injured recreational and commercial divers. The firm has more than 75 years of combined experience in maritime law and has earned a place multiple times in the Multi-Million Dollar Advocates Forum, earning 40 million dollars in recoveries for injured clients over the past four years alone. In addition, Keith Brais the firm’s founding partner, is a PADI certified “Open Water Diver”.


Recreational Divers and Snorkelers

Recreational diving and snorkeling are popular activities and a passion for many South Florida residents and tourists. If all proper precautions are taken and diving safety regulations are followed, most dives are fun and result in rewarding memories. When proper safety precautions are not followed, however, serious injuries and even death can result from a negligent dive boat operator, defective equipment or inadequate supervision. When a diver finds him or herself pulled from the peace and serenity of the ocean and transported to the emergency room with life altering injuries, someone may be responsible for causing that injury and may be liable for any resulting:

  • Injuries
  • Medical care (past and future)
  • Pain and suffering (past and future)
  • Lost wages (past and future)

Causes of Scuba Diving and Snorkeling Injuries

Popular causes of scuba diving and snorkeling injuries include:

  • Negligent supervision by dive operator
  • Defective equipment
  • Nitrogen narcosis
  • Failure to float a dive flag
  • Boat operator negligence
  • Boat operator intoxication
  • Negligent medical clearance to dive
  • Dive operator or supervisor failure to follow safe diving regulations
  • Dive operator failure to give instructions

The above list is not exhaustive. Determining who is liable requires legal analysis and expertise in legal theories such as agency law, products liability, strict liability, negligence, negligence per se, and perhaps most importantly it will require an expert in Admiralty and Maritime Law – you need a Miami diving accident lawyer.


State Law vs Maritime Law

Maritime law has ancient roots and has evolved into a large body of law in the U.S. called Federal Maritime Law. It is important to have a maritime attorney complete an analysis to determine whether state law or federal law will govern the outcome of your case. Diving injuries occurring on small lakes may be controlled by state law, where injuries occurring on navigable waterways or at sea are typically controlled by maritime law to the preclusion of state law.

Lakes that touch two or more states, for example, may be under maritime law jurisdiction regardless of the lake’s size. Whether the water is considered “navigable” is also an important determination. Navigable water is water that basically has access to the sea. However, even that description is not complete because if a dam or levee, for example, block access to the sea the water may be under state jurisdiction. A non-maritime legal expert will be able to look at state law, but it takes a maritime law attorney to fully understand the jurisdiction and choice of law that will allow the injured diver to recover for their injuries.

Contact Brais Law Firm today for an assessment of your legal rights.


Commercial Diving

Brais Law Firm also represents injured commercial divers and has extensive experience recovering for clients under the Jones Act and under negligence theories. Commercial divers may have a federal right to recovery under the Jones Act, but a maritime attorney must determine first if the commercial diver is a Jones Act seaman. Jones Act seamen have a statutory right to compensation for injuries under certain conditions. If the diver is determined not to be a Jones Act seaman but the employer was negligent or acted with reckless disregard there may still be a strong case for recovery for the diver’s injuries. Other theories of recovery may include contract breaches, unseaworthiness, negligent hiring of a reckless supervisor, and more.

Brais Law Firm are experts in federal maritime law and state marine law. Contact Brais Law Firm today at (305) 779-5693 or toll free at 1-888-238-5637.

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Call a Miami personal injury lawyer at our office today to discuss your unique situation. There is no risk in calling our law firm. We represent our clients on a contingency fee basis, meaning you owe us no attorney fees unless we recover compensation for you.

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Miami Office

(Main Office)
Dadeland Towers
9300 S. Dadeland Blvd. Suite #103
Miami, FL 33156
Toll Free: 888-238-5637
Phone: 305-779-5693
Fax: 305-416-2902

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Boston Office

(Satellite Office By Appointment Only)
8 Faneuil Hall Marketplace 3rd Floor
Boston, MA 02109
Toll Free: 888-238-5637
Phone: 617-455-4741
Fax: 305-416-2902

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Houston Office

(Satellite Office By Appointment Only)
1200 Smith St. 16th Floor
Houston, TX 77002
Toll Free: 888-238-5637
Phone: 832-303-7045
Fax: 305-416-2902

*Specific details regarding previous verdicts and settlement results are not indications of the results of future cases and settlements, nor should they be held to be guarantees, warranties, or predictions regarding the result of representation by our firm. Furthermore, any message regarding the result of a specific case is not a promise of similar results in future cases, but rather represents the outcome of the specific legal and factual basis from which it arises.

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