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Articles Tagged with boating-accidents

A federal appeals court gave limited reprieve to a boat rental company defending itself in a wrongful death lawsuit stemming from a 2009 boating accident in which two couples died and one other couple survived with injuries. The question was whether the boat rental company owed a duty to warn its customers of potentially inclement weather that day and secondly whether it had a duty to warn about the weather exposure limitations of the vessel they rented. roughwater

In re: Aramark Sports, the company, in anticipation of being sued by the victims and their survivors, filed a petition in federal court under the Limitation of Liability Act, which allows boat owners in federal navigable waters to seek a ruling that either exonerates or limits their liability on the basis of the vessel’s capacity or value of the boat and freight. So if a claim demonstrates negligence, the burden then shifts to the owner to prove he or she had a lack of knowledge of unseaworthiness. If the owner meets this burden, damages are capped at the value of the vessel – after the collision (which, if it sinks, is zero). If the owner does not, the case can proceed with no limitations. Such cases would then proceed in a state court.

Estates of the two decedent couples responded with claims of wrongful death and negligence. The district court held a bench trial just on the issue of limitation – meaning the issues of gross negligence, damages and apportionment of fault would be heard later. The court ruled that negligence had at least in part caused the accident and that this negligence was within the knowledge of the boat owner, and therefore it would not exonerate the company from liability, nor would it grant its petition for limitation.  Continue reading

May 31, 2013

If you’re reading this, then you probably made it through Memorial Day weekend safely. With the holiday weekend, and the kickoff to the summer season, officials are worried about boaters’ safety out there in the deep blue.

To help to remind you of the safe boating message, officials throughout the state are reminding boaters to keep boating safety as a number on priority, according to the News-Press.

In our earlier article on Cruise Ship Mishaps on Carnival cruises, we discussed some of the big issues that Carnival is facing. The well-publicized Carnival problems occurred in February aboard the Carnival cruise ship Triumph and started with the ship losing power, although the media focused on the nonfunctioning toilets aboard this boat.

The problems with the Triumph lasted for five days and the disaster was very well-publicized. Since then, however, Carnival has been plagued with one problem after another.

Our Fort Lauderdale cruise ship injury attorneys know that problems can turn a dream cruise into a nightmare, especially if you sustain personal injury or illness due to the cruise line’s negligence or faulty equipment. Unfortunately, it is important to realize that you give up some of your rights when you go on a cruise. As such, in addition to understanding the problems on Carnival cruise lines in recent weeks, you should also be aware of the legal rights you surrender when you board a Carnival ship.

Cruises are supposed to be a time of carefree relaxation. Unfortunately, that’s not always the case. As we recently reported on our Florida Injury Lawyer Blog, a four-day cruise turned into a weekend lost at sea. In this incident, a mechanical problem left the gigantic cruise ship floating in the middle of the Gulf of Mexico.

And the problems don’t stop there. Our cruise ship injury attorneys understand that Carnival Cruise Lines is having a multitude of problems. According to The News-Press, the company has reported problems on two ships in the last week. Of the two incidents, passengers are being offered a $100 credit for a late arrival of their ship. The Dream, another cruise ship, experienced some serious on-board generator problems while it was docked in the Virgin Islands. Passengers had to be picked up by plane and flown home.

Carnival Cruise Lines prides itself on being “The World’s Most Popular Cruise Line.” This is a distinction achieved by offering a wide array of cruise vacations. The value proposition is another reason why passengers choose cruise ships when it comes to making vacation plans.

During what was supposed to be one of the couple’s magical vacations, plans changed — and they changed for the worst. Instead of a four-day cruise, it turned into a vacation in the middle of the Gulf of Mexico — stranded.

According to ABC NEWS, the Carnival cruise ship they trusted for their honeymoon sustained some serious fire damage and left them sitting in the middle of the Gulf.

Our Fort Lauderdale cruise ship attorneys understand that the vacation was less than glamorous after the boat came to a stop. Reports indicate that the rooms were sloshing with human waste and lines were four-hours long for limited food rations. Tugboats sped to the rescue to slowly tow the Carnival Triumph ship to a port in Alabama.

Three people have died and two others were injured in Florida boating accidents during the recent Key West Super Boat World Championships. This past weekend proved to be offshore powerboat racing’s deadliest week.

The most recent accident happened as world championships in 12 boating classes were being decided. Tributes were being paid to the three boaters who died earlier in the competition, according to The Miami Herald.

Most of us do not engage in boat racing. But the beginning of the winter season is an important reminder of the need to stay safe on the water. Our West Palm Beach boat accident attorneys understand that Florida witnessed the most fatal accidents in the United States in 2010. Florida’s weather attracts people to the water all year round. Without formal boating education and without the proper safety measures, boating accidents occur all too often of our shores.

As the heart of boat season gets underway in Florida, our Fort Myers boat accident attorneys want to remind boat enthusiasts to keep safety in mind while sharing waterways with other users. The more populated the waters get with untrained operators, the higher the risk of negligent behaviors that could lead to fatal boating accidents in Boca Raton, Bonita Springs, Lake Worth and Naples.

A miraculous story recently reported by ABC News reminds us of how family bonding on a fishing expedition can turn fatal with little or no warning. Eight family members recently went out on a boat in the Florida Keys for a weekend of fishing. They pushed away from land early Saturday and at around noon the family suddenly experienced gusts of wind up to 40 mph, in addition to waves as high as 10 feet. The rough waters and treacherous wind caused the boat to overturn, throwing all eight family members into the water.

A 4-year-old grabbed on to a water cooler, which helped her survive. Three male family members were able to tread water near the capsized boat while three female family members grabbed onto the cooler with the young child and floated away. After almost 20 hours of treading water, a commercial boater found the men Sunday morning. Coast Guard rescuers were able to locate the women and child soon after. The eighth member of the family, an 80-year-old mother and grandmother, did not survive. The seven survivors were taken to Fisherman Community Hospital to be treated for jellyfish stings and hypothermia.

A 58-year-old woman died recently during a scuba trip on a private boat. The Palm Beach County Fire Rescue responded to the report at about 10 a.m. off the Boynton Inlet.

The call to the Palm Beach County Sheriff’s Office reported that a boat was bringing the unconscious woman to shore. She was seen by medical responders and transported to the Bethesda Memorial Hospital in Boynton Beach. She later died at the hospital, according to The Palm Beach Post. The cause of death has not yet been determined by the Medical Examiner’s Office.

Our Boca Raton personal injury attorneys understand that scuba diving is a popular activity for both residents and tourists. If you don’t have your own boat or scuba diving equipment and will be venturing out with a scuba operator, remember to do your research. Scuba companies have an obligation to keep participants safe. They’re responsible to researching weather conditions, ensuring safe rental equipment and ensuring that employed divers have the proper certification.

Nine people have died while parasailing in the United States since 2002. Most of these fatalities and tourist injuries in Palm Beach and elsewhere happen because of towline separation. This usually occurs because of high winds or general equipment failure, according to the Sun Sentinel.

A parasailing accident took the life of a tourist last week in Sarasota County. These accidents — particularly injury accidents — are not uncommon as parasailing is a popular Florida activity that takes place with virtually no government safety regulations. The Longboat Key accident happened when a tourist from South Carolina went parasailing and plunged to the water after the tow boat’s propeller failed and the parachute lost buoyancy. Officials are still investigating the accident.

Naples injury attorneys understand that visitors come to Florida to relax and have some fun in the sun. What most tourists don’t expect is to be involved in an accident on the beach, on our roadways and virtually any other place they visit throughout the duration of their vacation.

Taking a cruise across the ocean may be a dream vacation for some, but for others, it can become a dangerous nightmare.

Many people have “disappeared” and been injured in other South Florida cruise ship accidents on these tropical vacations, like George Smith IV. The family of the missing man sued the Royal Caribbean. The ship the couple traveled on doesn’t have a safe history rap as the Crown Princess tilted sharply on one of its first voyages at sea. The rocky ship ride injured dozens as it caught on fire and destroyed numerous decks and balconies.

Our Fort Lauderdale personal injury lawyers urge passengers and crew members to travel safely and enjoy their time at sea, but also ask that you take the proper precautions to protect yourself on the ships armed with potential dangers.

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