Claris Law Legal Blogging Community

Name:

E-mail:

Phone Number:

Zip Code:

Your Question:

Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Boating Accidents

Richard Hostutler, 51, and James Smith, 47 took their wives out on a 20-foot inboard/outboard boat near Egmont Key on Saturday. At about 6:30 p.m., with Tropical Storm Alberto in the Gulf, the weather turned rough and Mrs. Hostutler apparently fell into the water. Mr. Hostutler went in after her, without taking a life jacket.

While Mr. and Mrs. Smith stayed with the boat initially, Mr. Smith jumped in the water a short time later. Both men were lost. Mrs. Hostutler was eventually rescued. She and Mrs. Smith with taken to Brandon Regional Hospital.

The accident is being blamed on strong tides and winds, with alcohol being a contributing factor.

Let me say this, if my wife or children were in distress, I would do anything to save her or them, but hopefully I'd also use my head so that all of us survived. I don't fault Hostutler or Smith for attempting the rescue. However, in this case, taking a moment to bring a flotation device could have helped save both of them.

The rule in life-saving is REACH, THROW, ROW (or motor), and GO. What does is mean?

REACH: The first thing you do is try to reach to the victim with a boat hook. If she is out of reach...

THROW: Toss her a life vest, seat cushion, bumper, or anything she can grab onto to help her float....

ROW (or motor): Try to maneuver the boat close to the victim, without exposing her to the props....

GO: Only go into the water as a final rescue method, and then, bring a flotation devise with you.

Was alcohol a contributing factor? I don't know. It is overused by Fish and Wildlife, and the Coast Guard, as a potential cause of accidents. It is almost a knee-jerk response---an accident happened, alcohol must be involved. Often they are wrong, but not always.

The most common way that alcohol causes accidents is by causing people to fall. They fall down while boarding or debarking, they fall down in the boat, they fall overboard when the boat hits a wave or wake, they lose their grip and go face first into dashboards.

The second way that alcohol causes boating accidents is it causes an early onset of hypothermia, and reduces endurance, limiting the amount of time one can tread water. If Mr. Hostutler and Mr. Smith thought that they could rescue Mrs. Hostutler and then tread water until help arrived, they were likely basing the estimate of their abilities on what they could do in a pool---not in the Gulf of Mexico near Egmont Key (which is where the Tampa Bay pilot station is, west of the Sunshine Skyway Bridge).