Florida Vessel Owners File Federal Limitation of Liability Action After Passenger Slips and Falls While Boarding Yellowfin Boat
Cut a Wave LLC, along with individual boat owners Edmund Soriero and Lillian Soriero, have filed a federal maritime action in the United States District Court for the Southern District of Florida. The legal action, filed under Case No. 9:26-cv-80681-EA, seeks total exoneration from or a limitation of legal liability following a boarding accident that resulted in personal injuries to a passenger on April 7, 2024. The incident involved a 2009 36-foot Yellowfin recreational vessel and took place while the boat was moored at a dock in the navigable waters of Palm Beach County, Florida.
Boat Owners Seek Exoneration from Liability Following Serious Gunwale Slip and Fall Injury in Palm Beach County
According to the federal maritime complaint, a group of four individuals arrived at the vessel’s location at 68 Yacht Club Drive in North Palm Beach for a recreational boating trip. A non-owner operator had borrowed the vessel and boarded first to remove the boat covers and activate the marine batteries. The lawsuit states that the vessel was securely tied to a stationary dock using a self-adjusting mooring system known as TideSlides, as well as additional spring lines. While the operator was actively pulling the vessel closer to the dock using an aft line, passenger Vanessa Lopez allegedly attempted to board the boat without being invited to do so. Another member of the boating group explicitly instructed Lopez to wait, but she proceeded to grab the vessel’s T-top structure and step onto the gunwale. While stepping down from the gunwale to the deck, Lopez fell and allegedly sustained injuries that required immediate transport to a nearby hospital for medical evaluation and treatment.
Vessel Owners Invoke Shipowners Limitation of Liability Act to Limit Exposure After Marine Boarding Accident
In response to the threat of personal injury claims, the petitioning boat owners have filed this maritime action under the Shipowners’ Limitation of Liability Act, a federal statute codified at 46 U.S.C. Section 30501. The petitioning owners argue that the vessel was completely seaworthy, properly supplied, and equipped with appropriate appliances for safe embarkation and debarkation at the time of the incident. Furthermore, the complaint asserts that both the gunwale and the deck surfaces were fully equipped with standard nonskid marine materials to prevent slips. The owners argue that they maintain no personal privity or knowledge of any dangerous conditions or negligence, as neither of the primary owners was present at the dock on the day of the accident. Under maritime law, if the court denies total exoneration, the owners request that their maximum financial liability be capped at the post-accident value of the vessel, which an attached declaration estimates to be 234,000 dollars.
Federal Complaint Demands Injunction Against State Lawsuits and Validates Proper Vessel Maintenance Standards
The legal strategy employed by the vessel owners seeks an immediate federal injunction to restrain and halt the commencement or prosecution of any injury lawsuits in state court or other forums related to the boarding accident. By establishing a single limitation fund in the Southern District of Florida, Palm Beach Division, the owners aim to force all potential injury claimants to file their respective claims exclusively within the federal maritime jurisdiction. The petitioners emphasize that weather conditions were clear and dry when the group arrived, and they maintain that any injuries suffered by the passenger were caused solely by her own decision to ignore safety instructions and board the boat prematurely, rather than any structural defect, lack of maintenance, or operational negligence on behalf of the ownership entity.
Contact an Experienced Maritime Injury Lawyer Today if You Were Hurt Boarding a Recreational Vessel or Yacht
Passengers who suffer severe injuries while boarding, occupying, or exiting recreational watercraft or yachts may face complex legal hurdles due to unique federal maritime laws like the Limitation of Liability Act. Boat owners frequently utilize these federal statutes to limit the compensation available to injured parties, making it essential to have experienced legal guidance navigating federal court proceedings. If you or a loved one was injured in a boat slip and fall accident or a boarding mishap due to improper mooring or unsafe vessel conditions, contacting a dedicated maritime law professional can help ensure your legal rights are protected against restrictive limitation claims.
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Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
