Representing Florida Residents and Tourists
Swimming underwater swarming with sea life is an unforgettable adventure. However, the negligence of your instructor, tour operator, equipment provider or errant boater can quickly turn the peaceful experience into a horrific nightmare.
Brais Law Firm represents Florida residents and out-of-town tourists who are injured during scuba or snorkeling excursions. One senior partner with the firm is PADI certified as an open water diver. Our lawyers have a combined 75 years of experience in complex trials and settlement negotiations. Our substantial experience and dogged determination have resulted in six and seven-figure recoveries for numerous clients, which has earned our lawyers a place on the Multi-Million Dollar Advocates Forum. View our Results page for examples of our recoveries in recent years.
We also have a long history in maritime practice and Florida Board Certification as Admiralty and Maritime Lawyers. Our marine related recoveries in 2015 equaled about $8.5 million*.
If you sustained injuries during a diving excursion, let our Miami scuba diving attorneys help you recover.
Reasons Diving Accidents Occur
All reasonable and appropriate precautionary measures and dive protocols must be followed or a fun day of diving can became fraught with dangers. Rental equipment must be appropriate for the particular dive and must have been maintained properly. While diving you may encounter multiple risks of injury, including sharp propellers, jagged coral rock and poisonous sea life. Many dive accidents happen because an inexperienced or careless dive operator or nearby boat operators fail to take necessary precautions, for example:
- Failing to screen divers for health conditions, including high blood pressure, heart disease or even a “minor” cough or nasal congestion
- Failing to develop and ensure adherence to an appropriate dive profile
- Failing to comply with “Diver Down” flag requirements in accordance with Florida Statutes
- Failing to comply with Florida’s Statutory requirements to stay a required minimal distance from a “Diver Down” flag
- Failing to comply with Florida Statutory requirements to operator a vessel with sufficient speed to maintain steerage only while within a certain distance from a “Diver Down” flag
- Allowing inexperience divers to participate without appropriate training
- Dropping divers in an area where there is a heavy current or substantial boat traffic
- Leaving a diver in open water or without a dive buddy
- Not monitoring ascents and decompression stops
- Using equipment that is malfunctioning or contains an inadequate oxygen supply
- Responding too slowly or improperly to an emergency situation
Boaters present another common danger to divers. Drunk, reckless or distracted boaters might fail to see the diver down flag that indicates a diver is underwater or may produce a wake while a diver is climbing into a watercraft.
Damages Arising from Dive Accidents
Injuries often occur when a diver ascends too fast, runs low on oxygen or comes into contact with a harmful object or living creature. Our attorneys pursue loss of income, medical bills, disabilities, disfigurement, pain, suffering, wrongful death and other damages arising from such common diving injuries as:
- Drowning and near-drowning
- Arterial gas embolism
- Decompression sickness (the bends)
- Loss of limb
- Coral poisoning
- Traumatic Brain Injury
Recover Damages from your Boating Accident
Brais Law Firm offers you a free, no-risk appointment to evaluate your scuba diving or snorkeling injury claim. We handle your claim on a contingency fee basis, which means you owe our attorneys’ fees only after we recover damages for you.
From our main Miami office, our law firm represents clients in diving-related cases throughout the state of Florida.
*Specific details regarding case 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.