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$1.6 Million settlement; falling from yacht

Discussion in 'General Yachting Discussion' started by YachtForums, Aug 6, 2018.

  1. YachtForums

    YachtForums Publisher/Admin

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  2. olderboater

    olderboater Senior Member

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    It's a boat yard, but then we have none of the facts. It's also something the yard could have likely protected themselves against had they the right contracts and requirements for contractors to have worker's compensation. I don't know the facts but if they settled for $1.6 million then they feared much more.

    What shocks me in this is someone disclosing the settlement. 99% of all settlements have non-disclosure clauses. Sounds like some lawyers wanting to show off and entirely inappropriate.
  3. Scott W

    Scott W Member

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    FWIW, a few states have statutory prohibitions (known as sunshine-in-litigation statutes) on NDAs in certain kinds of settlements. Generally, these prohibitions apply to cases where there's a material public interest. These would include cases involving automotive or other consumer product defects or other public hazzards. I think Florida may have an exception for public hazzards, but I'm not a FL lawyer so I can't say for certain. If they do and this is a public hazzard case (and it arguably is), then limited details of the settlement would likely be exempt from any NDA contained in a settlement agreement.
  4. bayoubud

    bayoubud Senior Member

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    Typical outcome....Deep pocket$ $y$tem.
  5. Trinimax

    Trinimax Senior Member

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    hmm, this is interesting, but one would think that the electrician should bear some of the fault, as he should have visually inspected the ladder before using it. Also, unless there is proof that he was "forced" to use the ladder, he could have exercised his right to stop work and demand a better more secure ladder arrangement.

    As with any incident, there are always three sides.
  6. Pascal

    Pascal Senior Member

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    And you can think these **** ambulance chasers for yard bills going up ...
  7. olderboater

    olderboater Senior Member

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    It's amazing to me that with absolutely zero knowledge of the facts, everyone is so quick to jump on the lawyers and the plaintiff. Do you really think the yard or their representatives would have settled, rather than gone to trial, for $1.6 million if all the facts were in their favor?

    What about the injuries? Joint fusion. $115,000 in medical expenses. Unable to do his job. And pain, not just money. And, I'm sure his employer or whatever his situation did not provide disability insurance. Note also that he will receive no more than $1 million after legal fees. Probably more like $800-900k. And note that he went over two years before receiving anything.

    The one I'm shocked wasn't sued is Florida Bow Thrusters. At some point had anyone had workers compensation coverage for the injured person, we wouldn't be talking about a suit of this nature. Workers compensation was implemented long ago for one reason and one reason only, to protect employers in this type situation. It was not implemented to protect employees.

    Having read the full article, I'm still terribly offended by the grandstanding on the part of Scolaro and Shapiro.

    I'm also a bit surprised by the apparently sound argument that the electrician had no experience on boats and in boatyards.

    What have we learned as boat owners? Make sure you have sound contracts and your service providers are fully insured including worker's compensation and/or are contractually bound to be and indemnify you if they are not. Carry good liability insurance as well and choose yards and service people carefully.

    Actually a small settlement and I'm sure the yard and owner are very relieved. The only one who has to live with this for life is the injured man.
  8. bayoubud

    bayoubud Senior Member

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    Rigged system....mostly benefits those gaming the system.
  9. olderboater

    olderboater Senior Member

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    You call an injury requiring surgery "gaming the system?" Apparently, it's easy to overlook that a human being suffered a real injury.
  10. YachtForums

    YachtForums Publisher/Admin

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    For a $900k payday, I'll fall off a ladder everyday! At what point do we stop abusing the system and take responsibility for our own actions?

    Ditto.
  11. Pascal

    Pascal Senior Member

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    The guy is not a charter guest who knows nothing about how to get on a boat or up and down stairs on the boat. He is a professional contractor working in the marine industry. Making sure the ladder he is using to climb aboard a vessel is his responsibility. Nobody else. Not the yard, not the boat owner and not his boss. Enough of this nanny state ND

    His medical expenses and loss of income should be covered but large settlements like these are out of control and only benefits the lawyers.
  12. bayoubud

    bayoubud Senior Member

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    No. Was in a construction related business for thirty years. Dealt with numerous fraudulent work comp claims that forced us to go with employee leasing because of premium increases. To much to cover here but it is very common nowadays. Don't really need to mention how many frivolous law suits are filed that are settled with little effort because of the fear of going to court and a jury giving ludicrous compensation not to mention the cost of legal fees. Just two weeks ago while in Stuart, Fl where we having some boat repairs done the 78 year old night watchman at the marina told me a 90+ year old lady hit him and his and his wife in their auto earlier that day at an intersection while traveling fast ( 90+ lady uninjured). To make a long story short he had already been contacted by a lawyer that was coming to his house the next day (curb service). Lawyer was suing for both separately for about $200,00o each at the time. Scheduled medical appointments and test. His wife claimed no injury and wanted her name off the claim. He threatened to divorce her if she did. His injury was minor bruising where the seat belt was. He was at work every night talking about going to casinos when his check came in and quitting his job. ( don't blame him for that at 78) Lawyer gets 30% to settle and 40% if goes to court. I would bet it gets settled for close to asking. Going back down to Stuart tomorrow and will get update on whether his ship came in.....Now, that is what I'm talking about.
  13. olderboater

    olderboater Senior Member

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    For $900k you're willing to fall off and live with permanent injury and pain? I'm not.
  14. olderboater

    olderboater Senior Member

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    This may well not cover his medical expenses and loss of income over his lifetime, much less any pain and suffering. I don't know all the facts, but I'm not going to automatically assume that the settlement was too much.
  15. olderboater

    olderboater Senior Member

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    Understand I've seen all sorts of workers compensation claims over the years while working for a large company. Some were people who clearly ignored company rules while others were just freak accidents. Some of those who filed claims were seriously injured and some were faking it. We had extensive programs to handle them. If you were injured and could do any job, even not your regular one, we'd have you come to work and pay you your normal pay. If you claimed an "invisible" injury such as back or knee, we made no assumption as to whether it was legitimate or not, noting that invisible does not mean it doesn't exist. If it lingered, we would hire a private detective to determine. Sometimes they proved that everything the injured party was claiming was true and we immediately paid. Sometimes they proved that everything claimed was false and as soon as the other party's attorney got the video, the claim was dropped. If not dropped, we very seldom went to court over workers compensation, only 3 times I remember, and we won all 3, even in a state where by law the benefit of the doubt goes to the injured.

    I will say this, having surgery is something I would give strong weight to as I don't know many who will have surgery if they're not truly injured. We were always very willing to help the injured and very diligent in fighting the non-injured. I will bet y you before settling in this case, the defendants had a private detective follow the plaintiff and determine if his actions were consistent with the claimed injury, suffering and pain. Very few people are good enough actors not to get caught if they're faking.
  16. YachtForums

    YachtForums Publisher/Admin

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    I respect your choice. I would choose a pain free life over money, any day! However I've lived with pain most of my life. I would gladly be compensated for it. ;)
  17. olderboater

    olderboater Senior Member

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    Not compensating you for existing pain, has to be new pain. Maybe a reality show, "Pay Carl to Injure Him".

    I don't want any injury, personally. However, if I am injured on the job (unlikely as I work very little), then I do want to be compensated.

    Part of a safety program is also protecting employees from doing stupid things and getting hurt as we know humans and their propensity toward doing such things. It's why we have signs warning that coffee is hot and bells that ring in your car if you don't fasten your seat belt. Once had an employee injured less than three hours after the sign was put up warning not to try to step over the conveyor. Oh, but it's worse. She was the one who put the sign up.
  18. YachtForums

    YachtForums Publisher/Admin

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    Sadly stupid, but very funny!
  19. Beau

    Beau Senior Member

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    He/she is only a shameful lawyer unless he/she represents you?
  20. Ormond Bert54

    Ormond Bert54 Senior Member

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    Had a prospect employee walk into a door while applying for a job. Cost my staff (not me) at least $50k. The result for the employees from this type of extortion is stagnant salaries, lack of opportunity and more outsourced jobs. The system is a big joke but there is money to be made and yachts to buy if you are "in the business".

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