Miami Scuba Diving Accident Lawyers

Scuba Diving Accident Lawyers in Miami, Florida

Skilled legal help when you’re injured in a Florida scuba diving accident

Scuba diving accidents are typically boating accidents involving divers. This is a specialized area of the law. Maritime law can apply. Maritime law can be better for the claimant/plaintiff. We have handled numerous such cases, with successful results for many clients. For this reason, call The Specialists. Call Hickey Law Firm. We have represented numerous people injured in recreational boating cases. And we win.

Hickey Law Firm is a nationally recognized firm for its work in maritime injury law, including boat and other watercraft accidents. Attorney John H. (Jack) Hickey is double board certified by The Florida Bar in Civil Trial and Admiralty and Maritime Law, distinctions held by few attorneys in Florida. He is also board-certified in Civil Trial by the National Board of Trial Advocacy (NBTA). If you were harmed in any type of accident out on the water, get in touch with our personal injury attorneys today.

Our results for past clients

  • $12,000,000 - Adkins v. Florida Keys Dive Center: award for brain injury

What our clients say about us (Google reviews)

Rosemary A: ⭐⭐⭐⭐⭐ Seemed to be working for us around the clock. Understanding and compassionate to our situation. Always willing to go above and beyond to answer all our questions. The whole team was wonderful. So thankful for them.

Madelyn Alvarez: ⭐⭐⭐⭐⭐ I cannot say enough about the outstanding representation I received from John H. (“Jack”) Hickey, Sarah Lobel, Nisi Rodriguez, & Dolores Martinez (as well as other team members and staff). From start to finish, this team demonstrated a level of dedication, compassion, and professionalism that far exceeded my expectations. Isabel was the first person that did our informational intake and she was beyond sympathetic.

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Table of Contents

What are scuba diving accidents and how do they happen?

Scuba diving accidents can result from a variety of factors, including equipment failure, operator negligence, inadequate training, and unforeseen environmental conditions. Common causes of Miami scuba diving accidents include:

  • Defective or poorly maintained diving gear can lead to drowning or decompression sickness.
  • Inadequate supervision, failure to monitor dive conditions, or an improper emergency response can contribute to accidents.
  • Divers who are not properly trained or briefed on safety protocols are at higher risk.
  • Strong currents, poor visibility, or dangerous marine life can pose significant risks.

These accidents can lead to severe injuries, including brain damage, spinal cord injuries, and even death.

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What types of injuries are caused by Miami scuba diving accidents?

Scuba diving accidents can cause a wide range of injuries, some mild and others life-threatening. Because scuba diving involves pressurized air, underwater movement, and significant depths, any mistake, equipment failure, or medical issue can quickly become dangerous. Here are the most common types of injuries from Miami scuba diving accidents.

  • Decompression sickness (also called “the bends”) happens when a diver ascends too quickly, causing nitrogen bubbles to form in the body. Symptoms include joint pain, dizziness, fatigue, chest pain, and, in severe cases, paralysis or death.
  • Barotrauma is caused by pressure changes that can damage body tissues, especially in the lungs, sinuses, ears, and GI tract. A common example in scuba diving is ear barotrauma, where the pressure difference between the middle ear and the water causes severe ear pain or ruptured eardrums.
  • Holding your breath while ascending can cause air to expand in the lungs, leading to lung rupture or embolism (bubbles entering the bloodstream). This is extremely dangerous and potentially fatal.
  • At deeper depths, nitrogen can have a narcotic effect, causing confusion, poor judgment, and slow reaction times. This disorientation can lead to fatal mistakes underwater.
  • Equipment failure, panic, or unconsciousness can lead to drownings. Near-drowning may result in serious lung damage or brain injury due to lack of oxygen.
  • Long exposure to cold water without proper gear can cause the body to rapidly lose heat, resulting in hypothermia. Symptoms include confusion, loss of coordination, and unconsciousness.
  • Divers may come into contact with dangerous marine animals like jellyfish, sea urchins, lionfish, or even sharks. Injuries can range from stings and punctures to more serious wounds and allergic reactions.
  • A diver could hit their head or spine when entering or exiting the water, or if caught in strong currents or pushed against rocks or the boat. This can result in spinal cord and spine injuries or traumatic brain injuries.
  • Cuts, bruises, and lacerations can be caused by contact with sharp coral, rocks, wrecks, or malfunctioning equipment.

These injuries can result from a combination of poor planning, equipment malfunction, operator negligence, or diver inexperience. When any of these issues are caused by someone else’s negligence, like a dive instructor or company, legal action may be possible.

Diver struck by a boat or propeller: One of the most serious scuba diving accidents

Serious injuries can occur in an instant when a diver is struck by a boat or propeller. Among diving accidents, few are as catastrophic or traumatic as a boat running over a diver in open water. These accidents are unfortunately more common around South Florida and the Florida Keys, where high traffic, unclear signaling, and failure to follow basic boating safety rules can create life-threatening dangers for divers.

How boat-strike accidents happen to divers

Even experienced and well-prepared divers face major dangers from inconsiderate or distracted boaters and conditions that make traditional safety measures harder to follow. Propeller and strike injuries most often result from a set of risky circumstances.

Recreational boaters entering active dive areas

Weekend and vacation boaters might drive their vessels too close to known dive platforms or clearly marked locations. Ignorance of, or rule-breaking with respect to, diver flag warnings results in inexperienced or inattentive boaters endangering divers just beneath the surface.

Charter boats operating too close to dive sites

Captains of rented or semi-private charters who don’t follow safe navigation routes, don’t keep sufficient lookouts, or get too close to specified dive zones can also be held accountable.

Operators failing to maintain a proper lookout

Boat crews or skippers may simply not be paying adequate attention to diver markers or to the heads and hands of people just surfacing. This type of inattention greatly raises the odds of a tragic injury.

High-speed vessels in popular diving areas

Speeding boats are dangerous anywhere, but especially near reefs, shipwrecks, or marine parks crowded with dive groups. Divers often can’t hear a boat above them, and it is on the boat to follow the rules and make sure they don’t injure anyone below them.

Divers separated from their group by currents

River mouth outflows, shifting tides, or unexpected weather events can sweep divers away from the site and their boat. This can put people in harm’s way because they’re in an area where boaters may not expect them.

These injuries can be complicated and catastrophic, making it essential to seek legal help and medical attention as soon as possible.

Propeller injuries are often catastrophic

Boat propellers move at high speeds and are difficult for even strong swimmers to escape from. Coming into contact with these spinning blades almost always results in terrible outcomes:

  • Severe lacerations deep into skin, tissue, and muscle
  • Amputations ranging from fingers to entire limbs. Victims of these injuries typically undergo multiple reconstructive surgeries and can experience permanent disfigurement.
  • Spinal cord injuries
  • Traumatic brain injuries if the head or neck is hit during a strike, bringing lasting cognitive and medical impacts
  • Fatal injuries are unfortunately frequent.
  • Drowning can easily follow injury, either from a blow to the head, blood loss, or possible shock-induced loss of consciousness.

Most survivors will need emergency care, surgeries, rehabilitation, and ongoing support, often facing lifelong disabilities or lasting scars, both physical and psychological.

Miami FL Scuba Diving Accident Lawyers

Florida’s diver-down flag laws

Florida law generally requires divers or snorkelers in the water to prominently display a red diver-down flag featuring a white diagonal stripe. This flag signals to passing vessels that divers are beneath the surface nearby. Boat operators must operate at idle speed when within 300 feet of a diver-down flag in open water or within 100 feet in rivers, inlets, and navigation channels.

When these simple laws are followed, they can allow everyone to enjoy the water safely. Failing to respect a dive flag breaks Florida statutes and may mean an operator is legally negligent; a boater’s noncompliance is frequently used as evidence of negligence after an accident.

Who may be liable when a diver is hit by a boat?

When a diver is hit by a boat, there needs to be an investigation to determine what happened and who is responsible. In many cases, one or more of the following people or parties are responsible:

  • Recreational Boat Operator: Recreational boaters can face liability when ignoring the dive flag law in Florida, using excessive speed, or failing to watch for divers within swim areas.
  • Charter Captain: Captains of rented or semi-private charters who ignore safe navigation routes, fail to have proper lookouts, or come too close to marked dive zones may also be held directly responsible.
  • Dive Boat Company: The dive company can be held legally accountable if the dive crew is negligent in areas like keeping track of groups, providing surface safety staff, supplying both primary and backup safety equipment, and obeying weather and current advisories. Your attorney can look into dive boat negligence.
  • Boat Owner: If the accident was caused, even partially, by a boat owner’s negligence, they may be partially at fault. This could be a lack of maintenance or leaving their boat with someone that they know is under the influence or not able to drive the boat safely for some reason.
  • Rental Company: Boat rental firms should make sure that the customer is aware of how to operate the boat and that the customer has the credentials needed to operate it. Otherwise, the rental company could be liable for an accident caused by the renter.
  • The Diver: In some cases, a diver hit by a boat might be partially liable for their own accident and injuries. If this is the case, they may still be able to recover compensation. Whether and how fault affects compensation depends on whether Florida law or federal maritime law applies to the case. If you believe you may have been partially responsible, speak with an attorney about how comparative fault rules may affect your claim.

Determining liability in these cases is more complicated than it seems; it isn’t just always the boat driver who is to blame.

How do scuba diving accidents fit into maritime law?

Scuba diving accidents often fall under maritime law, a specialized area governing activities on navigable waters. Maritime law differs from state laws and requires attorneys with specific expertise. Hickey Law Firm specializes in maritime law, ensuring that all of our clients receive knowledgeable representation.

Under maritime law, vessel operators and dive companies have a duty to exercise reasonable care in ensuring the safety of their passengers. Failure to meet this standard can result in liability for any injuries sustained.

Who is liable for my Miami scuba diving accident?

Identifying who is at fault is an important step in pursuing a legal claim. Potentially liable parties for your accident can include:

  • The dive operator, if they were negligent, such as failing to provide proper equipment or adequate supervision.
  • Equipment manufacturers, if defective equipment contributed to the accident.
  • Boat operators, if the vessel was not operated safely or lacked necessary safety equipment.
  • Other divers, if another diver’s actions directly caused the injury.

Our experienced attorneys can investigate the circumstances of your accident to determine liability accurately.

What is the value of my Miami scuba diving accident claim?

If you’re the victim of a scuba diving accident that wasn’t your fault, you may be entitled to a variety of financial compensation:

  • Medical expenses, which cover hospital bills, rehabilitation, and ongoing treatment.
  • Lost wages, if your injuries prevent you from working.
  • Pain and suffering, for your physical pain and emotional distress.
  • Loss of consortium, which is compensation for the impact on relationships with family members.
  • Punitive damages, in cases of gross negligence or intentional misconduct.

Where Florida law applies, punitive damages are generally capped at three times the amount of compensatory damages awarded or $500,000, whichever is greater.

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Why choose Hickey Law Firm for my Miami scuba diving accident case?

At Hickey Law Firm, based in Miami, we’re renowned for our experience and specialized focus on maritime law. Led by John H. (Jack) Hickey, a double board-certified attorney in Admiralty & Maritime Law and Civil Trial Law, we offer the following:

  • A deep understanding of maritime law nuances.
  • Each case is handled with care and dedication.
  • A proven track record with successful outcomes in complex maritime cases.

We invite you to learn more about us.

Do you have a Miami scuba diving accident lawyer near me?

Hickey Law Firm is located at 12150 SW 128th Ct, Suite 225, in Miami, right off the Ronald Reagan Turnpike, close to the Miami Executive Airport. We serve the seriously injured in Miami, throughout Florida, and nationwide. If you are too injured to travel, we can come to you or schedule a phone or video conference instead.

Contact our experienced Miami scuba diving accident lawyers today

Scuba diving accidents can have life-altering consequences. It’s vital to understand your legal rights and why you need the right representation. At Hickey Law Firm, our experience in maritime law positions us as a valuable ally in working through the complexities of a scuba diving accident case. If you or a loved one has been seriously injured in a Florida scuba diving accident, reach out to us as soon as possible. Call us at 305-371-8000 or fill out our contact form today to speak to one of our experienced maritime and admiralty lawyers.