Florida Maritime Accident Lawyer
Boating Accidents
Queen's Harbor Collision Results in Three Fishermen landing in Water
Category: Boating Accidents
A collision between a 48 foot boat and a 22 foot boat carrying three fishermen resulted in the fishermen landing in the water and their boat being sunk. The accident happened last month near Queen's Harbor in Jacksonville. According to Tim Nagy, 41, of Fish Kill, New York, the boats were "going through a tight channel.[when] ... the boats collided." The larger boat "stopped and rescued us."
Fort Myers Real Estate Broker Drowns in Kayak Accident
Category: Boating Accidents
Frank D'Alessandro, 52, was a wealthy and well known Fort Myers real estate mogul who made millions investing in and selling real estate in the once booming market in Southwest Florida. Last month he was kayaking in New Jersey when he drowned. His blood alcohol level was over .26 when his body was recovered.
He had gone to New Jersey to visit his ill mother. He was kayaking alone, something he did for exercise. When he failed to return, a search and rescue operation was begun.
According to an editorial mourning his death in the Naples Daily News D'Allessandro's "name appeared on seemingly every "for sale" or "for lease" sign on property in Fort Myers, and more so lately even in Collier County. He succeeded at making his name nearly synonymous -- also via newspapers and television -- with the region's real estate action."
Florida's Worst Boating Accident netted drunk driver 85 years
Category: Boating Accidents
It was ten years ago that Stanley Cameron, a divorced father of six, crashed his speedboat into a 31 foot cabin cruiser, killing six people on board. He was intoxicated at the time of the accident. In another 75 years, he was to have been released from prison.
Since his original sentencing, Cameron has gotten his sentence reduced from 85 years to 50 years. He is set to be released in 2057.
The accident occurred in the Intracoastal Waterway in Fort Lauderdale.
Sarasota Restaurateur Killed in Boating Accident
Category: Boating Accidents
The 49 year old co-owner of two Mexican restaurants in Bradenton and Venice Florida was killed recently in a boating accident off of Bradenton Beach on a recent Sunday afternoon.
Gary Ogden was one of the owners of Mi Pueblo El Restaurante Mexicano and Cantina. He was apparently standing on the bow of a 42 foot boat while the boat was jumping 4-6 foot seas in the Gulf of Mexico. When he was ejected from the boat into the water, the boat struck him, causing severe lacerations to his head. Spectators were kept from the scene when his body was returned to shore.
There were seven other people aboard the boat when the accident happened. The Florida FWS is investigating the cause of the accident.
Man Ejected from Boat Suffer Hypothermia
Category: Boating Accidents
A man ejected from a boat on the Escambia River last month was taken to Jay Hospital to be treated for hypothermia. He was the lone occupant of a 14 foot aluminum boat when he made a quick turn and was ejected. When FWC officers arrived, they were initially unable to locate him even though his wife, who was on-shore, observed him being ejected and did not see him re-surface. The boater was treated for minor bruises on his hip as well.
Remembering a 2006 Injury Caused by another Leaping Ray
Category: Boating Accidents
Collisions with flying with flying sturgeon have become almost commonplace on the Suwanee River in recent years. However, a spotted eagle ray did leap into another boat in Broward County in October 2006. In that incident a stringray leapt out of the water into the boat of 81 year old James Bertakis. A foot-long barb from the ray stuck into Bertakis' chest and entered his heart chamber. He lived, but only after several weeks in intensive care. Now, at the age of 83, he has made an almost full recovery.
Florida DEP Diver Dies in Diving Accident
Category: Boating Accidents
Rusty Mason was a 54 year old employee of Florida's Department of Environmental Protection Office of Coastal and Aquatic Managed Areas. He died last month while working on a coral reef restoration project in the Dry Tortugas.
Mason, who was a certified dive instructor, was one of seven people working aboard the Key West-based PV (patrol vessel) Peter Gladding, a NOAA vessel. He was working with another diver when he lost consciousness during a 3 to 5 minute decompression stop at about 15 feet below the surface. The other diver, Raul Peña-Lopez, of Florida Fish and Wildlife Conservation Commission, tried to keep Mason alive by giving him air from his own tank, but eventually he had to let Mason go.
When Peña-Lopez returned to the surface, two other divers immediately went down and recovered Mason from the bottom, 100 feet below. The members of the crew of the MV Peter Gladding took turns giving him CPR during the 15-mile boat trip to Fort Jefferson and a 75-mile rescue helicopter flight to the Lower Keys Medical Center near Key West.
Last October the 430 foot long Bahamian registered refrigerated cargo vessel MV Green Chile illegally anchored in the coral reef off of Dry Tortugas. The area is protected under the National Marine Sanctuaries Act. The location was declared a no-anchor area by NOAA in 1977 to protect the coral-reef environment there.
Mason graduated from the Florida Institute of Technology in 1976 with a BA in Oceanographic Technology. He moved to the Keys in 1990 to work at the Looe Key Reef Resort as a vessel operator and dive instructor. In 2002, he went to work for the Florida DEP's Office of Coastal and Aquatic Managed Areas.
Accident kills one off Key Largo in Drowning Incident
Category: Boating Accidents
A 69-year-old Miami man died recently while throwing a cast net to collect bait. The accident happened off of Key Largo. Roberto Romero threw the cast net but lost his footing and fell into the water from the 21 foot boat. When he was recovered, he was dead from drowning, even though his friend jumped in to rescue him. The current took him about 300 feet from the boat before a good-sam (maritime lingo for a "Good Samaritan) picked them up.
Top-Ten Florida Counties for 2007 Boating Accidents
Category: Boating Accidents
Nationwide, there were 3,474 injuries and 710 fatalities from boating-related accidents in 2007. Overall, two-thirds of all fatal boating accident victims drowned and in 80% of the drowning incidents, the boats were less than 20 feet in length.
In Florida there were 668 accidents and 77 boating deaths in 2007. How big a factor was the sex of the operator in boating accidents? Ninety percent of the boaters killed were men. How effective were speed limits in preventing fatalities? Twenty-eight percent of the fatalities happened in manatee zones, no-wake zones, and other "restricted speed" zones. What kinds of boats were involved? Only 5% of the fatalities occurred on sailboats, which is one reason that I am partial to sailing. Twelve percent happened in canoes and rowboats, 31% of the accidents happened on jet skis, and 50% occurred in open motorboats.
Miami-Dade County led the state with 13 deaths. The Florida Keys, ranked No. 1 in the total number of accidents with 35. However, it had only 4 deaths. The Fish and Wildlife Commission ranks counties by the number of accidents, not the number of fatalities, and based upon that measure, the least safest counties in the State are:
10. Collier County (Naples)
9. Brevard County (Melbourne/Titusville)
8. Duval County (Jacksonville)
7. Volusia County (Daytona)
6. Lee County (Fort Myers)
5. Broward County (Fort Lauderdale)
4. Pinellas County (St. Petersburg/Clearwater)
3. Palm Beach County (West Palm Beach)
2. Miami-Dade County (Miami)
1. Monroe County (The Florida Keys)
Egypt Lake PWC Accident injures 2 teens
Category: Boating Accidents
Egypt Lake is barely even a lake. It sits in the middle of a residential neighborhood barely two miles north of Tampa International Airport. Over the years, it has become a favorite spot for jet skiers to practice wave jumping, sharp turns, and acrobatics, free from motorboat traffic. It was safe, or so it seemed. Last week, James and Benjamin Parker, ages 14 and 13, riding on their jet ski, crashed into a dock which projected into the lake, severely injuring both of them. Some witnesses speculated that the two brothers had tried to pass underneath the dock. It is estimated they doing between 15 and 20 mph. St. Joseph's Hospital was only a few blocks away. Nevertheless, the boys remain in critical condition.
In Florida, operators of jet skis, officially called "personal watercraft" must be at least 14 years old. Operators under 21 must have a boater safety identification card unless they are accompanied by someone over the age of 21, or someone holding a valid card. Operators and passengers must be wearing PFD's, and must only operate during daylight hours, 30 minutes before sunrise to 30 minutes after sunset.
Someone commented that "letting at 13 or 14 year old run a jet ski is sort of like giving them the keys to the Porsche." Perhaps. Like any group of teenagers, some will be mature enough, and well trained enough to safely operate a jet ski. Others, not so much. We want to protect them, at the same time we want them to grow into responsible adults.
Moving Boats from Sand Bars can Cause Tragic Accidents
Category: Boating Accidents
These two accidents demonstrate why being near a boat while it is getting off a sandbar can be dangerous. In one incident, 21 year old Jimmy Spicer of Palm Harbor was helping to free a boat from Beer Can Island near Clearwater when the engine was started. He was struck in the head by the propeller and died. In a second incident, Ron Marshall of Arkansas was assisting a boater get off a sand bar in Pensacola when the boat operator suddenly put the engine into gear. The rope which Marshall was holding got caught in the propeller and amputated three of his fingers.
Dolphin Cruise Boat Strikes Destin Bridge
Category: Boating Accidents
The Destin Bridge was struck last month by a 65 foot dolphin cruise boat operating out of Destin Harbor. One passenger aboard the boat was injured, although the injuries appear to be minor. The accident was investigated by both the Coast Guard and the Florida Fish and Wildlife Commission.
Containership Hits Miami Beach Marina
Category: Boating Accidents
The Panamanian flagged containership M/V Rio Haina lost steering last month as it was traveling through Government Cut in Miami. The 252 foot long vessel was leaving the Port of Miami when it ploughed into the Miami Beach Marina early on Sunday, June 22nd. Two boats docked at the marina were seriously damaged.
Scott Kalitta killed in Funny Car Crash
Category: Boating Accidents
For many years drag racer Scott Kalitta, 46, was the owner of Great American Marine on Gulfport Boulevard in St. Petersburg. Last month he died in a Funny Car Crash at Old Bridge Township Raceway Park in New Jersey. He was a former two time champion of the National Hot Rod Association Top Fuel competition. The back wings of Katilla's dragsters sported the phrases "Great American Marina" and "Spending Scott Kalitta's inheritance tour." He sold the marina to Brunswick Corporation in 2006.
Kalitta's father, Connie Kalitta, was one of drag racing's elder statesmen. He helped found the sport as a spectator event in the 1950s and '60s, building and driving a number of Top Fuel dragsters.
Retired Palatka Paramedic shot with Stun Gun
Category: Boating Accidents
Mark Fowler, 57, a retired paramedic from the Palatka Fire Department, was 12 miles off Vilano Beach on a diving trip when he was accidentally shot in the stomach by the projectile from a stun gun. The projectile was driven by a charge from a .357 Magnum. Fowler stayed conscious and directed the others on the boat how to treat his wound to keep him alive during the 12 mile trip back to the dock.
After returning to the Vilano boat ramp Fowler was treated by St. Johns Country paramedics and airlifted to Shands hospital. Once there, he was in critical condition and he was put into a drug-induced coma.
Doctor's Lake Boating Accident at Whitey's Fish Camp
Category: Boating Accidents
A man was severely injured in a boating accident on Doctors Lake when a 16-foot Ranger leaving Whitey's Fish Camp on a fishing tournament hit a manatee sign near the Doctors Lake Bridge. The driver, Arthur Isaac Ferrell, had serious facial injuries and was flown to Shands-Jacksonville Medical Center. A friend had to pull him from the lake and bring him ashore.
Suwanee Sturgeon Accident Claims Another Boater
Category: Boating Accidents
The resurgence of the Gulf Sturgeon in the Suwanee River has caused another boating accident. This time the victim was a pleasure boat passenger ejected from his boat while the boat was trying to swerve out of the way of one of the jumping fish. Gulf sturgeon migrate into the Suwannee in March to spawn. They stay there until the fall.
The boat was being operated by Brian Norris, 28, of Chiefland, Florida. Roderick Page, 22, was the passenger. They were in a 12-foot aluminum boat near Fowler's Bluff.
Norris was hospitalized in Shands Hospital in Gainesville. Page's body was found by a Levy County dive team.
Helicopter Crashes with Boat off Sarasota: Is it a maritime case?
Category: Boating Accidents
Earlier today a helicopter was shooting a video for Powerboat magazine when the helicopter hit the boat, killing two people. The question which arises is "is this a maritime case?"
In order for a case to be governed by admiralty and maritime law, three tests have to be met. First, the accident has to occur in a maritime locality. The Gulf of Mexico is part of the navigable waters of the United States and hence the locality test is easily met.
The next test is not quite so easy to apply. There must be a nexus between the activity and a traditional maritime activity. Historically, the operation of an aircraft, by itself, is not a traditional maritime activity. There are exceptions. First, a seaplane while on the water is engaging in a traditional maritime activity. However, an airplane taking off from a runway located adjacent to the navigable waterways is not.
In this case, the fact that the helicopter is filming the operation of a boat, and actually hits the boat, makes it more likely than not that the helicopter is engaging in a traditional maritime activity. Aircraft taking off from the deck of an aircraft carrier are, so this would be similar to that situation.
Finally, the activity must have a potential impact on commercial maritime activities. That test is seldom found to be a bar to maritime jurisdiction.
Why is this question important? Because with maritime jurisdiction comes maritime law and maritime remedies---a minefield for the uninitiated, but a potential boon for the knowledgeable.
Thirdly,
How Do You Prove Waters Are Not Navigable?
Category: Boating Accidents
I am teaching a particularly bright group of young law students at Florida Coastal School of Law this year. Recently we dicussed my earlier article "Coast Guard, Jurisdictional Creep, and Puzzle Lake" and I asked them how they would prove that a particular body of water was non-navigable. Their answers were remarkably good.
1. Hire a Coast Guard licensed Captain as a marine navigation expert. He could testify that the waterway was not practically usable as a significant means of conducting commercial maritime activities.
2. Hire an hydrologist. He could testify whether the lake was "tidal" and whether "in its customary condition" it was capable of supporting maritime commerce.
Continue reading "How Do You Prove Waters Are Not Navigable?"
The Coast Guard, Jurisdictional Creep, and Puzzle Lake, Florida
Category: Boating Accidents
"If I can put a toothpick in a body of water, and that toothpick can find its way into the ocean, then the United States Coast Guard has jurisdiction over that body of water."
Coast Guard officer investigating death of Vincent Rutowski
on Puzzle Lake, a virtually land-locked pond, invisible on aerial maps
"...Navigability requires that the body of water be capable of supporting commercial maritime activity...The possibility that the waterway is capable of supporting non-commercial [recreational] maritime activity...does not render the waterway capable of supporting 'commercial trade or travel in the customary modes of travel on water.'" and hence the admiralty courts and Coast Guard have no jurisdiction.
LeBlanc v. Cleveland, 198 F.3d 353 (2nd Cit. 2000)
_______________________________________________________________
Dateline: Seminole, Florida
A battle over the geographical jurisdiction of the United States is shaping up over an airboat accident which occurred on Puzzle Lake near Seminole, Florida involving the death of a 7 year old boy, Vincent Rutkowski. The case points out the existence of something I like to call "jurisdictional creep." Jurisdiction creep is the ever expanding geographic control of the United States by the Coast Guard and the Army Corps of Engineers which occurs each time either organization redefines the term "navigable waters" to include water which is clearly not "navigable." Before discussing the Coast Guard's creeping jurisdiction, allow me to give some historical background.
When our country was founded, our Founding Fathers established fairly strict boundaries between what the States controlled, and what was going to be controlled by the new "Federal Government." Founding Fathers like Alexander Hamilton, an admiralty and maritime attorney who grew up in loyalist New York, had little interest in reserving to his brethren in New York any power, knowing that they never truly believed in the patriot cause to begin with. Jefferson and Madison, who grew up in Virginia, had little interest in turning over any sovereignty to a federal government, which was already controlled, at the time of the drafting of the Constitution, by Federalists like John Adams from Massachusetts, and the generally-disliked Hamilton.
While the anti-Federalists won the battle over the Constitution, and won further battles in obtaining passage of the 10th Amendment (powers not delegated to the federal government are reserved to the people and the states) and 11th Amendment (federal courts have no jurisdiction over private suits against the States), you would never know it by today's standards. Today, federal jurisdiction over every aspect of modern life is simply presumed. It was never intended to be so.
Continue reading "The Coast Guard, Jurisdictional Creep, and Puzzle Lake, Florida"
You Won't Believe this Story: Sailboat Struck by Barge (read what happens next)
Category: Boating Accidents
Picture this. It's 5 a.m. You're on a sailboat alone off the coast of Florida. You go below to wash your face and suddenly you hear the engines of a ship close by. It turns out to be this tug and barge. You climb out of the hatch and astern you see a red light to the left of you and a green light to the right of you, bearing down quickly. What do you do? Read this USCG Press Release.
What happens when the Coast Guard reaches you? They put you in handcuffs, of course.
There is video too.
Not Rendering Assistance after a Boating Accident: A Felony in Florida
Category: Boating Accidents
Recently a sailboat operating off of Port Canaveral was struck by a tug and barge. The sailboat was sunk, but its owner, who was the sole person on board, was left without assistance for over five hours. He alleges that the tug and barge knew it hit him, and simply drove away.
In Florida, failing to render assistance, if it results in death, is a crime known as vessel homicide. Operating a boat in a reckless manner is a second degree felony. However, running away without reporting the incident and rendering assistance turns it into a first degree felony.
BUI in Florida: Any BAL over .08 is presumptive
Category: Boating Accidents
In Florida, a vessel operator is presumed to be under the influence if their blood or breath alcohol level is at or above .08. Some states, like Missouri, have a .08 level for operating an automobile, but .10 for boat operation.
What happens if a boat is in an accident and the driver is rendered unconscious? The fact is that the FWC will try to use a blood test, and project backwards to the time of the accident. The problem is that there is no scientific evidence on the rate of alcohol absorbtion of a person who is unconscious. All alcohol absorbtion tables which the State currently uses are based upon conscious subjects.
Another Lake County Drowning, the Third in a Week
Category: Boating Accidents
The Florida Fish and Wildlife recovered the body of Gregory Craine, a 54 year old man whose boat capsized in Sunset Lake near Mascotte, Florida earlier this week. Craine of Groveland, Florida was fishing with a friend when the 14-foot boat capsized. The other man was able to swim to shore. Craine disappeared under water. Craine's body was found in the center of the lake 10 feet from where the boat sank.
Last week, two children were killed when the boat their family of five was riding in began taking on water. The bilge pump failed to work. FWC had considered filing charges against the parents because one of the children, who was under age 6, wasn't wearing a life vest. The FWC has decided not to press charge.
How Can I get rid of a Derelict Boat on My Property in Florida?
Category: Boating Accidents
Here is how:
First, look at Section 823.11 of Florida Statutes. It says in part:
(b) When a derelict vessel is docked or grounded at or beached upon private property without the consent of the owner of the property, the owner of the property may remove the vessel at the vessel owner's expense 60 days after compliance with the notice requirements specified in s. 328.17(5). The private property owner may not hinder reasonable efforts by the vessel owner or agent to remove the vessel. Any notice given pursuant to this paragraph shall be presumed delivered when it is deposited with the United States Postal Service, certified, and properly addressed with prepaid postage.
Then look at Section 328.17(5) of Florida Statutes, which requires you to send a letter to the owner by certified mail, post a notice on the boat, and provide notice to anyone else who might have an interest in the boat.
You may then advertise it and sell it. If there are no bidders, it is yours to do with as you wish.
Claiming Abandoned Boats in Florida
Category: Boating Accidents
Here is a call I get frequently: Someone abandoned a boat on public proprerty. I think it has value. Can I claim it?
If you find a lost or abandoned vessel ashore, you can claim it by calling your local sheriff's office. You will have to complete a "Found Property Claim".
If the boat is on the water, you may call the Florida Fish and Wildlife Conservation Commission at 1-888-404-3922.
You will be required to pay a fee to cover the cost of advertising a notice in a local newspaper. In addition, you will need to pay all towing and storage costs, and any other costs associated with removing the vessel.
If the owner does not claim the vessel within 90 days after the report is made, title to the vessel may be transferred to you as the finder. (See 705.104(1), Florida Statutes).
If title to the vessel is transferred to you, you need to contact the Fish and Wildlife Conservation Commission and request an officer complete a vessel inspection. After the inspection is completed, please contact the Department of Highway Safety and Motor Vehicles to request a new title at: http://www.hsmv.state.fl.us/dmv/faqboat.html.
Two Children Dead in Freshwater Sinking
Category: Boating Accidents
Two small children, age 2 and age 8, died when their boat sunk on Lake Yale.
The family of five had gone boating on the lake in their 16 foot boat. When the boat began to sink, the father tried to start the bilge pump, which didn't work. Then 36-year-old Eric Singleton, grabbed his 3-month-old daughter and took about four hours to swim about 300 yards to the shore. He had to hike about a mile before he found a house in Umatilla and called 911.
The mother, Michelle, held onto the bow of the boat with the children as long as she could before the choppy waters and weariness caused her to let go. She said before she lost sight of the children, 8-year-old Eric Jr. was trying to put on his life vest.
Rescuers found the children's mother, Michelle, treading water about 200 yards from the sunken boat. She had been in the water for about five hours. The two children were not found, although two child sized life preservers were.
The law requires children under 6 to be wearing life preservers while a boat is moving. The FWC is considering charging the parents for failing to have the life preservers on their children. They've had enough tragedy. Leave them alone, please.
Uncertified Diver Dies in Open Water Dive off New Port Richey
Category: Boating Accidents
The Coast Guard searched for 3 days and over 1600 square miles. The body of 28-year-old Ashley Mauldin was never found.
Ashely Mauldin who was originally from Tulsa, Oklahoma, but lived in Spring Hill with her husband, had never before been on a open water scuba dive. She and her husband, and another couple took the 23-foot My Millie II 14 miles west of New Port Richey to a spot known as the military tanks. While she and another diver, Sharon Hucks, were making a 40 minute dive to 28 feet, looking for seashells, they lost sight of one another during the ascent. She is believed to have blacked out.
Lt. Roberts Butts, US Coast Guard Senior Investigator, said "This is an unfortunate accident that should have never happened, if the person followed and got certified as a diver, and if they had all observed some responsibility, I believe this could have been prevented.
Lake County Man sinks Two Boats in Haynes Creek
Category: Boating Accidents
A Tavares man was arrested on his fourth BUI charge after he sunk two boats in Haynes Creek, his own and another with which his boat collided. The Eustis Fire Department rescued him and another boater. Richard Wayne Boldrey, 58, of Tavares told the FWC that he didn't see the other boat until they collided. The FWC gave him a field sobriety test, which he failed. He was arrested and then released two days later on a $10,500 bond.
WEGO Kite Tube, "The Next Generation of Action Towable." Kills Two, and Injures 39 others
Category: Boating Accidents
It sounded like a good idea at the time. Sportsstuff.com describes the Wego Kite Tube as "the next generation of action towable" but its actual use in the field has shown it to be dangerous to consumers, causing 2 deaths and 39 known injuries. The kite tube is towed behind a motorboat. When the boat and tube attain adequate speed, the tube lifts into the air, with the passenger on top. The warning on the product tells consumers not to fly any higher than they are willing to fall, but misuse is forseeable, and many have been injured.
Here is the advertisement for the the Wego Kite Tube,
Wego Kite Tube
10ft diameter flying tube
Take flight with the WEGO KITE TUBE! The next generation of action towable is here, taking you to a whole new level of excitement! Whip across the water like a deck tube, or fly through the air like a bird! Experience the thrill of flight as you rise above the water, reaching incredible heights, leaving nothing but adrenaline in your wake! The level of extreme sport has been raised with the WEGO KITE TUBE. Anything else is beneath it...
Model 53-5000 Sug. Retail: $599.95
KITE TUBE WITHDRAWN FROM MARKET - CLICK HERE FOR INFO
According to the Consumer Products Safety Commission:
In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Sportsstuff, Inc., of Omaha, Nebraska is voluntarily recalling about 19,000 Wego Kite Tubes.
CPSC staff is aware of 39 injury incidents with 29 of those resulting in medical treatment. Those injuries include a broken neck, punctured lung, chest and back injuries and facial injuries. Sportsstuff has received reports of two deaths in the United States and a variety of serious injuries. Sportsstuff has been unable to determine the cause of the incidents. Nevertheless, the company has withdrawn the kite tube from the market and is undertaking this voluntary recall out of an abundance of caution.
The Sportsstuff Wego Kite Tube is a 10-foot-wide, circular, yellow inflatable watercraft designed to be towed behind a power boat. A rider in the tube becomes airborne by pulling on handles attached to the floor of the tube. Model 53-5000 is printed on the tube near the product valve. The floor of the tube has black caution warning stripes. The cover for the product bears a skull and crossbones and the statement "Never Kite higher than you are willing to fall." The tubes were imported and sold through marine distributors, mail order catalogs, and various retailers from approximately October 1, 2005 to July 11, 2006 for about $500 to $600.
Consumers should immediately stop using the kite tubes and contact Sportsstuff at (866) 831-5524 between 8 a.m. and 5 p.m. CST Monday through Friday to learn how to obtain free replacement products. Consumers can also visit the firm's Web site at www.sportsstuff.com for more information.
Darkness nearly Claims Life of Clearwater Beach Developer---When will the government begin lighting its obstructions?
Category: Boating Accidents
In the past five years 44 year old Roland Rogers of Clearwater Beach gotten rich. He has built or partnered in about 20 developments on Clearwater Beach and has acquired land for two planned four-star hotels. Life is good.
That life almost came to an end last Saturday, due in large part to the failure of the City of Clearwater to light its jetty.
It was a moonless Clearwater night, and the waters of the Gulf of Mexico were flat and glassy. "It's like I often tell people, it's paradise here, even after the sun goes down."
It was late at night, about 1:45 a.m. when Rogers was returning from fishing in the Gulf. As he approached Clearwater Pass at about 25 mph, he hit the rock jetty. First, he was thrown into the center console of the boat. The center console ripped free and he was hurtled 35 feet through the air. He landed on the rocks, but he never lost consciousness.
Lying on the rocks he reached into his pocket, took out his still working cell phone, and dialed 911. Clearwater Fire Department rescue workers and the United States Coast Guard responded, loading him into an inflatable Coast Guard boat. He was taken to Morton Plant Hospital where they have him 15 stitches on his forehead and another 30 on his knee.
So who's at fault? As I've said in Court many times (and have been awarded $19.5 million in damages in one case), and in this blog, if you own or are responsible for an obstruction on or near a waterway, you need to light it and light it well. There may not be a regulation to light it. You may not be cited if you don't, but you are going to hurt somebody.
Inmates on Jet Skis? Camden County Still has no Answers
Category: Boating Accidents
Camden County Commissioners have asked for a grand jury to investigate why two inmates from the Brunswick Correctional Facility were operating jet skis on the Crooked River when one of them crashed into a dock, requiring a trip to the hospital.
Camden County Sheriff Bill Smith says that he left instructions for the jet skis to be pulled from the water. That was the last thing he heard about until news of the accident broke.
While the accident deserves mention under the category "News of the Weird," and conjures up images of inmates lounging on the beach at "Club Med--Crooked River," the accident probably has a perfectly sound explanation. Trustees are frequently assigned to do work that needs doing, but that guards and police officers are too busy to do. If the Sheriff's Department permitted two non-violent trustees to move the jet skis from one location to another, leaving guards to do their job, I'm okay with that. The only real question I have is why the Sheriff's Office needs jet skis in the first place?
Sea Tow Wrongly Implicated in Columbus Weekend Boating Accident
Category: Boating Accidents
The Miami Herald incorrectly reported that the boat which was towing the boat on which James Noel-Pou and Monica Burguera were killed was operated by Sea Tow. It turns out that Sea Tow had simply reported to the scene after hearing of the accident over the marine band radio. When the Miami Herald reporter spotted it, and heard that the other two boats had been in tow when the accident happened, the reporter assumed that the Sea Tow vessel had been towing the other two boats. In fact, the towing boat was operated by Club Nautico of Miami Beach.
More details have emerged about the accident. The Columbus Day Regatta was going on on Biscayne Bay. When it was over, boat were jockeying for position in the dark, trying to get under the William Powell bridge. The 35 foot Intrepid, seeing its chance to pass underneath the bridge, was running at high speed when it hit a wake, went airborne, and went over the stern of the boat on which James Noel-Pou and Monica Burguera were riding in tow.
29 People Involved in Miami Beach Boating Accident
Category: Boating Accidents
Over the Columbus Day weekend, 29 people were involved in a single Miami Beach boating accident which killed two people and injured seven others. Here's how it happened.
Club Nautico at the Miami Beach Marina is one of the few places on Miami's South Beach where tourists can rent power boats. That weekend it had rented numerous boats to a group of friends, including a 22 foot Sea Ray which it had rented to James Noel Pou, a handsome, square-jawed 23 year old from Doral, and Monica Burguera, a slim raven haired beauty of 20 from Miami. When their boat broke down in Miami's Biscayne Bay, Club Nautico sent out another boat, operated by a 16 year old, to tow them in.
On the way in they picked up a second disabled boat, a Bayliner with seven people on board, and began to tow it at well. With one boat towing, and two boat in tow, progress was slow and darkness set in. The boats lacked proper lighting. As they were approaching the Rickenbacker Causeway, a 32 foot Intrepid, traveling at high speed, tried to cut in between the towing boat and the first disabled boat. The Intrepid was traveling so fast that it became airborne and its propellers hit both Pou and Burguera in their heads, killing them instantly. It then hit the second towed boat, injuring its seven passengers and causing one to suffer a heart attack. He remains in critical condition.
This being Miami, naturally lawsuits have been filed. The allegations are that the 16 year old who was operating the towing boat was unlicensed, had been drinking, and failed to carry proper lights on the two boats he was towing. Those charges are more easily made than they are to make stick.
For example, under admiralty law it is up to the vessel being towed to properly prepare itself for towing. Should it be different in the case of recreational vessels? If admiralty law is applied, and Pou and Burguera didn't turn their lights on, they bear part of the responsibility. If the boat wasn't equipped with running lights, or they didn't work, that is a different story. Had the 16 year old which Club Nautico send out been drinking? That may or may not be relevant. The question is did his operation of the towing boat cause or contribute to the 32 foot Intrepid running into them? If there is no causal connection between the drinking and the accident, it may not even come into evidence. This case is no slam dunk against Club Nautico, no matter how many press conferences the Plaintiff's attorneys call.
This case has all the elements of a good Plaintiff's case. Whether it results in a big Plaintiff's verdict at the end of the day depends a lot upon the skill of the attorneys and the quality of experts they hire. I learned long ago that cases that appear good at the outset can get bad quickly if you allow yourself to become overconfident.
It pays to Stay with the Boat
Category: Boating Accidents
Clinton Daughtry 27, Mike Vitko, 27, John Hodgkiss, 22, and Travis Britt, 22 and Chip Bloomer, 40 sent to sea Saturday in a 17 foot boat. When the boat capsized, only Bloomer stayed with the boat. They other four younger men donned life vests and tried to swim for shore.
Bloomer was rescued at 6:45 on Saturday night. The other four weren't found until early Sunday morning. They suffered from hypothermia and had gotten separated. Truthfully, they were lucky.
I started going to sea 34 years ago. I've seen it over and over again. No matter how bad things get, stay with the boat. Your chances of survival and rescue are much better.
When does a Wrongful Death Statute apply in a Maritime Death Case
Category: Boating Accidents
The Supreme Court in Yamaha Motor Corp, U.S.A. v. Calhoun, 516 U.S. 189 (1996) divided the potential decedents in maritime wrongful death cases into three categories: seamen, maritime workers, and non-seamen. There are apparently two reasons why the Supreme Court has made that distinction. The first is because of its ruling in Sea-Land Services, Inc. v. Gaudet, 414 U.S. 573, 39 L. Ed. 2d 9, 94 S. Ct. 806 (1974), which asserted that a dependent spouse of a longshoreman could recover damages for loss of society, and the second is because the LHWCA prohibits causes of action against a vessel for unseaworthiness.
So, when a death occurs on territorial waters, when does the State's wrongful death act apply? It is a tough, and not a consistently answered question.
Continue reading "When does a Wrongful Death Statute apply in a Maritime Death Case"
Darkness Claims more victims in South Venice Boating Accident
Category: Boating Accidents
On September 27, 2006 two boats collided head-on in the Intracoastal Waterway near the South Venice boat ramp because one of them was unlit. The unlit boat was a 23-foot Allmond power boat operated by Michael Mackenzie of Venice. Mackenzie's wife, Patricia, was in critical condition. There were three other passengers on board. The other boat was a 19-foot Polar driven by Reid Pettit, who had two passengers aboard.
John Allmond stopped making boats in 1984. In older boats the wiring sometimes deteriorates, making the lighting unreliable. The 23 foot is likely a boat with a forward cabin and raised operating station, which sometimes impairs visibility of other boats. The 19 foot Polar is likely a open sport fishing boat worth about $19,000.
The absence of working lighting is one of those issues which makes limitation of liability hard to sustain. In order to prevail in a limitation case it is necessary to show that the boat was seaworthy when it left the dock and that the cause of the accident was outside of the privity and knowledge of the owner.
Two Injured in Destin Boating Accident
Category: Boating Accidents
According to the Chipley Bugle, on August 18, Officer Shelby Williams responded to a boating accident in Destin Pass. The accident occurred due to the vessel's speed in very choppy water. Two occupants were ejected when the vessel became airborne in the choppy water. One of the occupants was airlifted to Sacred Heart Hospital with possible head injuries. The operator of the vessel was charged with reckless operation.
Boating Under the Influence of Alcohol: What are the penalties in Florida?
Category: Boating Accidents
If there are no extenuating circumstances, a first time offender of the BUI statute in Florida can expect to get a $250 fine plus $250 in court costs, 50 hours of community service, a substance abuse course, and six months probation.
If your blood alcohol level is over 2.0, it can be substantially worse.
Here is the Florida Statute prescribing penalties.
Ethan Allen sinks because Americans are too Heavy
Category: Boating Accidents
I don't mean to make light of the tragedy aboard the Ethan Allen on Lake George, but part of the problem that resulted in the boat having poor stability is that its stability and trim calculations were used assuming that the average passenger would weigh 140 lbs. In fact, the average passenger weighed 178 lbs or 27% more.
The boat was built in 1966 at a time when most Americans were trimmer than they are now. Adding to the problem was the fact that a canopy had been added in 1979 and reinforced in 1989. The canopy, being up high, made the boat "tender" or more likely to turn over.
Adding together the weight of canopy, and the added weight of the passengers, the boat should have been certified for only 14 passengers. It was carrying 47. Twenty of them died.
Sun Sentinel reports push to Require PFD's in Florida
Category: Boating Accidents
The Florida Sun Sentinel reports that thirty of Florida's 81 boating deaths in 2005 resulted from people tumbling out of boats and drowning, a 53 percent increase from the previous year. Sixteen deaths were attributed to crashes with other boats or fixed objects. What the Sun Sentinel failed to report was that 38 of the fatal accidents occurred in lakes, ponds, rivers and creeks while only 25 occurred in the Ocean or Gulf of Mexico. I find that statistic to be alarming.
A 2004 BoatU.S. survey of almost 10,000 boaters showed 86 percent oppose mandatory life jacket requirements.
Product defect causes flying bridge to come loose-2 people hospitalized
Category: Boating Accidents
On the 4th of July at about 8:30 p.m. two people were injured in Santa Rosa Sound when the flying bridge on a 24 foot fishing boat with five people on board separated while it was making a turn. The two people on the flybridge hospitalized. FWC Officer Keith Clark is investigating the accident.
Did Brian Wallschlaeger Really Float for 24 hours?
Category: Boating Accidents
Brian Wallschlaeger is in the hospital now, but I'll be interested to hear what he has to say when he finally starts telling the story of his survival for 24 hours at sea after he was knocked from his sailboat off of New Smyrna Beach on Tuesday, March 11, 2006.
The most plausible story is that even though he was knocked into the water, he was able to hold on to the boat until he got near shore, and then he swam the rest of the way. It is a remarkable feet in any event. 24 hours in the water brings on hypothermia, exhaustion, and dehydration. Only the toughest of men could survive it.
As I've said in this blog before, most swimmers can only tread water in the ocean for about 30 minutes before becoming exhausted. It's tougher than treading water in a pool. Only pilots and military personnel trained in "bobbing" and other water survival techniques (which I recommend everyone learn) who are able to extend their survival times. However, 24 hours is the outer limits, and even that takes an extraordinary will to live.
As I've also said many times, if you a thrown from your boat, or your boat overturns, stay with the boat even if you think you can swim to shore. If Brian Wallschlaeger did say with his boat, it illustrates why that advice holds true.
Clemson offensive guard May Face Charges in Boating Death
Category: Boating Accidents
Clemson University senior Roman Fry was involved in a fatal boating accident over the weekend when his jet ski ran into Clemson men's track assistant coach Jarrett Foster, 32. The men were on Lake Keowee near Greenville, South Carolina.
Last Saturday evening Foster was riding as a passenger on a jet ski operated by another Clemson football player, Nathan Bennett, who is also an offensive guard. Roman Fry was following them close behind when the leading jet ski rolled over. Fry was unable to stop and his jet ski struck Foster in the head. He was pronounced dead that evening.
Continue reading "Clemson offensive guard May Face Charges in Boating Death"
Coast Guard refuses to release Videotape
Category: Boating Accidents
The Coast Guard is refusing to release the videotape of the chase which resulted in the death of a 243 year old Cuban woman attempting to illegally enter the United States. Amay Machado Gonzalez was one of 31 passengers on the speed boat which was crossing the Florida Straights when it was intercepted by a Coast Guard "go-fast" boat. The Coast Guard boat rammed the speed boat loaded with Cubans approximately four times, causing Machado to suffer a head injury which eventually killed her. The coroner found umerous trauma injuries on her extremities, chest, back and head, said Dr. Michael Hunter, Monroe County medical examiner. The boat was finally stopped when the Coast Guard fire two shots into the boat's engine.
Marchado's husband, Agustin Uralde, 24, is being held on the Coast Guard cutter in Key West.
July 10, 2006
By Rod Sullivan