Fort Lauderdale Injury Lawyer Blog

A Miami-Dade man was killed when he fell from the rear diving platform of a luxury yacht and was sucked into the path of the vessel's propellers.

At this time, it has not been determined by Florida Fish and Wildlife Conservation Commission officials whether alcohol was involved or if rough seas played a factor.

This unfortunate accident comes on the eve of the Columbus Day holiday weekend when an annual flotilla of boats of all sizes and types anchor off Elliott Key to celebrate. The partying, together with alcohol and other substances, has resulted in injuries and even deaths over the years.

Various law enforcement agencies, including the U.S. Coast Guard, FWC, Miami-Dade police and fire-rescue units and Biscayne Park National Park rangers will be patrolling the bay and local marinas this weekend on the look out "BUI" -- Boating Under the Influence.

Any boats stopped will be inspected for the required safety equipment, such as fire extinguishers and life preservers, and the operators will be checked for BUI. Penalties include jail and the confiscation of the boat.

South Florida is the boating capital of the world and a lot of boat operators who would never drive under the influence of alcohol don't think twice about operating their boat drunk. These people tend to believe that driving their boat under influence is safer than driving their cars when impaired. Of course, nothing could be further from the truth, but the sad reality is that each hundreds of people are injured or even killed through boater negligence.

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An Indiana appeals court has upheld the South Florida "small print" venue provision buried in a Carnival Cruise Lines' ticket. A woman filed suit against Carnival in her home state of Indiana alleging that as a cruise passenger she became ill because the Carnival ship she was on was going too fast.

Doris Beard sued Carnival claiming "due to the speed of the ship I became very sick, my body swayed terrible on the ship I had bleeding, which I had not has [sic] in three years. The ship was moving so fast everyone on board became sick, even the workers," according to a court document.

Carnival's attorneys requested that the case be dismissed based on the "small print" venue clause in its ticket, contending that lawsuits against the company by passengers are required to be filed South Florida, where the cruise line is based.

Although the cruise line's motion was denied by the Indiana small claims court, the Indiana Court of Appeals reversed the decision finding that the small claims court "erred." The end result is that the woman can re-file her lawsuit in South Florida, assuming that she is still within the one-year statute of limitations.

Most cruise lines, particularly those based in South Florida departing from the Port of Miami or Port Everglades in Fort Lauderdale, have provisions for venue and the statute of limitations printed in their tickets. Frequently, this language is buried somewhere in the middle of the ticket in fine print with language straight out a law school text book.

"Venue" is the legal term for where a lawsuit must be filed and a "Statute of Limitations" deals with the time period in which a passenger must file suit. Carnival's ticket limits venue to the federal court in South Florida and has a one year statute of limitations. The courts have enforced these provisions, which can be quite onerous for a passenger seeking legal redress against Carnival for injuries or damages, particularly when they are living out of the South Florida area. This impediment is the intended effect of incorporating this language in small print buried somewhere in the ticket.

Continue reading "Carnival passengers must sue cruise line in South Florida" »

Two 16-year old boys operating a boat were arrested and booked into the juvenile assessment center in connection with a boating accident that resulted in a teenage girl losing a part of her leg earlier this year. According to the Palm Beach County Sheriff's Office report, the boat motored into a restricted swimming area within 500 feet of the Juno Beach fishing pier. The boys disregarded horns and signals from lifeguards.

The juveniles, whose names were not released, were both charged with leaving the scene of an accident with injury, reckless operation of a vessel and culpable negligence in the February 5th crash that injured a 15-year-old girl.

The girl and her two friends were in the water south of the Juno Pier when the boat approached. As she was trying to climb on board, the driver throttled the motor, in an apparent attempt to keep the boat from getting beached, according to an eyewitness.

The boat struck the girls, knocking them over, and the girl's leg was struck by the propeller. Doctors were later forced to amputate part of her right leg.

After the injury, the boat left the scene and the boys made no attempt to notify any law enforcement agency, the report stated.

Teenage boys and power boats make a dangerous combination. They often lack the maturity to handle the horsepower at their fingertips and are oblivious to the potential for danger. Parents frequently hand over the keys to the family boat with out making sure that their children have the training necessary to safely operate these vessels. As a result, boating accidents involving minors are an all too unfortunate occurrence in South Florida.

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According to the International Association of Antarctica Tour Operators an expedition cruise ship visiting Antarctica with Americans on board was damaged on Monday after striking an uncharted rock. The "Polar Star" struck the large rock while at anchor just north of Detaille Island at the Antarctic Peninsula.

Following the collision, the "Polar Star," was able to free itself from the rock. There were 80 passengers are on board the vessel including 32 Americans, 9 Canadians and 8 Australians. Fortunately, no passengers were injured.

The initial damage assessment revealed that the ship's outer hull was breached from the collision, but the inner hull was unharmed. The 4,998-ton "Polar Star" is now sailing north along the Antarctic Peninsula under its own power, with the hopes of returning to its home port of Ushuaia, Argentina. The ship's captain reports there was no apparent oil spill outside the ship, but booms have been deployed as a precaution."

Although more than a century has passed since the "Titanic" struck that infamous iceberg in the North Atlantic, a cruise ship's safe return to its home port is not always a certainty. Less than two months earlier another cruise ship visiting Antarctica, the "Clelia II," was damaged by large waves.

Although both the "Polar Star" and the "Clelia II" were based out of Argentina, there have been several incidents of cruise ships limping back to Port Everglades and the Port of Miami, both located in South Florida. Cruise ship mishaps can involve more than just a ruined vacation or inconvenience, they can also result in injury or death That is why some one considering a cruise should check out the ship's safety record, particularly in light of the intended itinerary.

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You may have read or seen those stories about cruise ship passengers disappearing or falling overboard or even being assaulted by crew members. Although the cruise industry has tried to play these stories down, we still hear about them.

The often overlooked fact is that cruise ships are literally floating population centers comprised of various people in different states of inebriation. Kendall Carver whose adult daughter mysteriously disappeared from a Celebrity cruise ship in 2004 says: "It's like a town serving unlimited drinks with no police."

Until recently, the United States government exercised little control over what happened on cruise ships, but with the spate of bad publicity things are starting to change.

In 2011, the FBI will finally get the jurisdiction it needs to investigate crimes that occur on ships which have docked at U.S. ports. Mediterranean cruises for example, are outside the purview of the FBI.

The new law, the Cruise Vessel and Safety Act of 2010, mandates the following:

* Peep holes and security latches on all passenger and crew doors

* Electronic video surveillance that documents crimes to be made available to law enforcement

* Passenger security guides with information on reporting crimes to U.S. law enforcement

* Limits on crew access to passenger cabins

* Staff with knowledge and equipment to perform rape exams

* Free and immediate access to law enforcement

* Prompt reporting of crimes, which must be contained in a log

The Sun-Sentinel reports reports that from December 2007 to October 2008, there were 363 incidents, mostly on board Carnival and Royal Caribbean cruises, whose vessels largely depart from the Port of Miami or Port Everglades in Fort Lauderdale, Florida.

The new law, which was enacted over the strenuous objection of the cruise industry lobby, heralds the much needed realization that our government needs to do more to protect American citizens from becoming crime victims aboard cruise ships.

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BSO and the Coast Guard are examining the death of a 53 year old physician who was scuba diving from a commercial dive boat off Hillsboro Beach, Florida, after he became ill at sea.

BSO's Marine Unit heard a radio report of a diver experiencing difficulty. The BSO boat met the dive vessel and transported the man to shore where paramedics took him to a nearby hospital in Fort Lauderdale. A short while later the man was pronounced dead.

In South Florida, scuba diving accidents are not uncommon, frequently resulting in death. Commercial dive boats are required to be inspected and certified on a regular basis. Dive boat operators need to be vigilant because of the number of scuba divers they are escorting and possibility that their divers could get into difficulty. Dive boat operators need to conducted counts of divers before and after the dives. The operators also need to be extremely alert during the dive and to constantly scan the horizon for distressed divers.

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You are probably wondering what this blog has to do with personal injuries and wrongful death and the answer is: not much. I just thought it was interesting

Koral Wira, 14, was fishing with her family for barracuda and shark in the Gulf of Mexico about four miles outside the Venice Inlet on the west coast of Florida. After a 4 foot barracuda bit into the bait, it jumped from the water and landed inside the boat. The barracuda locked onto the girl's arm and with its sharp teeth shredded her flesh. The wound took 51 inches to close. The girl's father reacted quickly and stabbed the barracuda with a knife in between its eyes. While extensive, her injuries were not life-threatening.

If you own a boat, this interesting but terrible case underscores the need to have liability insurance on the boat as well as health insurance that will cover yourself and family. All sorts of unexpected events can occur while you are out in the ocean which can result in injuries and potentially liability to the owner. While this barracuda attack is a freak event, it is not uncommon for people to be injured as a result of mechanical difficulties or operational errors.

Continue reading "Florida Girl in boat attacked by Giant Barracuda" »