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Admiralty and Maritime Law, Premises Liability, Product Liability, and More - Miami, Florida

• Admiralty and Maritime Law
• Premises Liability
• Product Liability
• Complex Commercial Litigation

Personal injury and maritime lawyer John H. (Jack) Hickey, located in Miami, Florida, has extensive experience representing victims who are involved in admiralty and maritime law cases. He also represents victims of premises liability and complex commercial litigation.

Admiralty and Maritime Law

We have very substantial and unique experience in representing people with claims in regard to admiralty and maritime law. Admiralty and maritime law are specialized areas of the law that regulate accidents and injuries of the crew (seamen) and of the passengers on ships, yachts, and recreational boats. John H. (Jack) Hickey represented the cruise lines and shipping companies for 15 years. Several years ago, he switched to representing only passengers and crew (seamen) against the cruise lines and shipping companies. Hickey is past chair of the Admiralty Law Committee for the Florida Bar, and he is an active member of the admiralty law section of the Association of Trial Lawyers of America (ATLA) and of the Florida Admiralty Trial Lawyers Association (FLATLA). Hickey has lectured on admiralty and maritime law for 20 years to various organizations, including the Florida Bar and the Association of Trial Lawyers of America.

Congress passed a maritime law called the Jones Act to protect seamen who work on ships, offshore oil rigs, or other sea-going vessels, such as barges, riverboats, and fishing boats. Under the Jones Act, a seaman is entitled to recover damages if he is injured during employment. If a seaman is injured or killed because of negligence or defective equipment, the employer may be liable. Federal courts have determined that the term seaman extends to people who are employed on a vessel to assist in the main purpose of the voyage, and whose duties are rendered on vessels engaged in commerce or trade. The Jones Act can also cover inland river workers and offshore workers, as well as divers and underwater personnel.

The Jones Act is not workers' compensation law, meaning you must prove that seaman's employer was negligent and, therefore, at fault for your injury. The statute of limitations for a maritime law injury suit by a seaman is three years, so it is imperative that you contact an admiralty and maritime law attorney right away.

State and federal courts have jurisdiction in maritime law cases. If you think you have an admiralty or maritime law case, it is important to seek representation from an experienced attorney who can advise you of your rights to fair compensation. Contact Hickey Law Firm, P.A., in Miami, Florida, today to schedule a personal consultation with admiralty and maritime lawyer John H. (Jack) Hickey.

Premises Liability

Property owners and business owners have a duty to maintain their property in a way that makes it safe for visitors. Premises liability refers to injuries that are caused by dangerous conditions or careless maintenance on the part of the property owner. A store failing to post wet floor signs causing a customer slip and fall, a fall caused by unsafe conditions, construction site accidents, or assault by employees are all examples of premises liability. Additional examples of premises liability include uneven floors, slippery surfaces, broken sidewalks or steps, and unmarked changes in elevation.

In premises liability law, the defendant’s responsibility to the victim varies depending on the victim’s classification. There are three different classifications in premises liability: invitee, licensee, and trespasser. An invitee is anyone who is invited to enter or remain on the premises for a commercial benefit to the property owner or for business dealings with the property owner. For example, a customer in a department store is considered an invitee. Licensees are those who are invited to enter or remain on the premises for reasons other than business or commercial, such as social guests. Trespassers are those who enter property without an express or implied invitation for his or her own purpose. When a property owner is unaware of the presence of the trespasser, they usually do not have to warn the trespasser of existing dangers or make their property safe for the benefit of the trespasser. If the property owner is aware of the presence of the trespasser, he or she may be obligated to exercise care concerning the safety of the trespasser.

In order to have a premises liability case, you need to prove one of three things: that the owner or employees created the dangerous condition that caused injury; that the owner knew about the dangerous condition and failed to take steps to prevent it; or that the condition existed for a long enough time that the store or property owner should have known about it. Even if he or she was unaware of the dangerous condition, the property owner can still be liable for any injury that occurs on the property (unless the victim was trespassing). Damages in premises liability cases include, but are not limited to, medical expenses, lost wages, and pain and suffering.

If you have been injured on another person’s property as a result of negligence or wrongdoing, you may have a premises liability case. Contact Hickey Law Firm, P.A., in Miami, Florida, to schedule a consultation with personal injury John H. (Jack) Hickey.

Product Liability

Manufacturers and retail store owners have a responsibility to the public to ensure the products they produce are safe and not defective. When a defective product causes harm to a consumer the manufacturer (and sometimes the wholesaler, designer, or retailer) is liable, no matter how much care they exercised. The manufacturer or retailer is liable for damages as long as the consumer was using the product as it was meant to be used at the time of his or her injury. No matter what the product, manufacturers must make sure they are designed correctly, that they have passed quality control tests, that no defective or dangerous products enter the market, and that each product has a warning label that is easy to locate and understand.

Complex Commercial Litigation

Hickey Law Firm, P.A. has represented banks, contractors, developers, insurance premium finance companies, and other forms of businesses in complex commercial disputes. John H. (Jack) Hickey has represented several of the insurance premium financing companies throughout Florida for wrongful cancellation, bankruptcy, and collection on the Premium Finance Agreement. He has also represented individuals and businesses in cases involving fraud, breach of contract, and breach of partnership, and has litigated for banks in cases involving fraud, letters of credit, and uniform commercial code (UCC) issues.

If you have suffered injury in a premises liability, admiralty, or maritime law case, John H. (Jack) Hickey wants to fight for you. Contact our Miami, Florida, firm today.

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