A man has filed a boating accident lawsuit after he fell off the boat’s ladder and became injured landing on a dock.

Plaintiff Johnny N. says that on April 28, 2017, he was performing his duties aboard the RTC 103, a bareboat charter vessel owned by Reinauer Transportation Companies. Johnny alleges Reinauer failed to provide him a safe place to work because the ladder that was supposed to reach the deck of the vessel was improperly secured. Johnny says he fell, injuring his legs, back, ribs, spleen, colon and other parts of his body.

The boating accident lawsuit accuses Reinauer of negligence because the unsecured ladder made the RTC 103 unseaworthy.

Johnny was employed as a crew member of the vessel, and his rate of pay was set by an employment agreement that was in place at the time he was injured.

Johnny’s muscles, nerves, tendons, ligaments and blood vessels were severely injured, he claims. He says he not only required past medical treatment but also will require future medical treatment. He also will be unable to perform his usual employment routines and will suffer a continued loss of earnings, according to his complaint.

Johnny “has in the past suffered and will in the future continue to suffer agonizing aches, pains and mental anguish” as a result of the injuries he incurred while performing his job duties on the allegedly unseaworthy vessel.

He alleges that on the date he was injured, he was working on the RTC 103 in the course of his employment with the full consent and knowledge of the Reinauer. The work Johnny was performing was to further Reinauer’s business pursuits.

Boating Accident Lawsuit Asks for Vessel to be Sold

Johnny’s boating accident lawsuit asks for compensatory damages and a judgment that includes interest, costs and attorney’s fees and asks that the “vessel, her boilers, engines, tackle, appurtenances, etc. be condemned and sold to pay the same.”

Reinauer is a collection of four businesses operating as Reinauer Transportation Companies LP; Reinauer Transportation Companies LLC; Renauer Maritime Company LLC; and Reinauer Management Company Inc.

The boating accident lawsuit has been filed based on a provision of the Merchant Marine Act of 1920, also known as the Jones Act, which allows seamen to sue an employer for negligence. Seamen are not covered by workers’ compensation benefits through either state or federal laws.  The Jones Act allows them to seek “maintenance and cure” from their employers. Maintenance refers to daily living expenses, while cure is inclusive of all medical costs.

The seaman must prove negligence in order to recover damages under the Jones Act, which also can include pain and suffering, loss of wages, loss of value to the victim’s household, and mental anguish. The Jones Act requires that such legal action be brought forth within three years of the boating accident.

The Boating Accident Lawsuit is Case No. 1:18-cv-01151 in the U.S. District Court, Eastern District of New York.