Cruise Vessel Security and Safety Act of 2009

In the past several year cruises have become a popular, affordable and a fun way to travel. It seems that you cannot watch television for a half hour without seeing at least one commercial for a cruise line.  In fact there are approximately two hundred (200) over night, ocean going cruise vessels world- wide averaging two-thousand (2,000) passengers and a crew of almost a thousand (1,000) crew members. In 2007 alone approximately twelve-million (12,000,000) passengers took cruises. Even with these numbers, vacationers fail to fully appreciate their potential vulnerability to crime even on the ship itself. Additionally, many passengers are victims of crime on foreign soil. The victims often do not know their legal rights or whom to contact for help in the immediate aftermath of a crime either at sea or on foreign soil. 

Recently passed, and waiting for the President’s signature, is H.R.1485.IH which is commonly referred to as the Cruise Vessel Security and Safety Act of 2009. This law is designed to fully inform all of the passengers of their rights if they become victims of crime while on a cruise. Additionally, it requires the vessel to have certain equipment and modifications which further ensure the safety of its passengers. The equipment and modifications include railings that are located on each deck that are not less than four and a half feet (4 ½) above the deck, the staterooms shall be equipped with entry doors that include peep holes, security latches and time sensitive key technology. Also, the cruise shall have restrictive access to passenger state rooms. Fire codes shall be implemented. The vessel shall integrate technology that can be used for detecting passengers who have fallen over board.     Also, the ship is to keep a log of all reported deaths, missing individuals and significant crimes alleged to be committed on the vessel including, but not limited to, complaints of theft, sexual harassment and assault. These log books will be made available upon request to the Federal Bureau of Investigation, the Coast Guard and any law enforcement officer in any jurisdiction. 

The ships shall also be equipped with rape kits and crime investigation tools. The cruise shall undergo crime investigation training and at least one (1) crew member aboard the vessel shall be certified as successfully completing a crime scene evidence and investigation course subscribed to by the F.B.I. They shall also be required to carry surveillance and keep all the recordings. These policies and procedures are subject to periodic review.

Until now all of the aforementioned requirements were strictly voluntary and implemented by the cruise line at their own election. This made it very difficult for passengers to report crimes and obtain appropriate follow up by law enforcement. This legislation makes it mandatory for the ships to carry certain safety equipment, employ personnel educated in crime scene investigation and over all improve the safety of the ship. Each passenger will be informed of their rights. It is the desired goal of this legislation to ensure the enhanced safety of the passengers and the ships. These changes will obviously instill a certain a certain peace of mind in each and every passenger. As cruising grows, so do the modifications and improvements to safety and the overall comfort and pleasure of each and every passenger. 

  

Boating Accident on Lake St. Clair kills one and injures six

wellcraft boatThe Holiday weekend continues to be deadly for boaters on the water. In a tragic boating accident accident on Lake St. Clair, one person was killed and six others hurt, after two boats collided around 1:00 am. The Sheriff's Department is investigating the boating accident and will reconstruct the accident to determine what went wrong in the water.

One boater. Michael Mielke contacted authorities after his 31-foot Formula was struck by the bow of a 1987 Wellcraft. Quick thinking Mielke called for help minutes after his boat started sinking into Lake St. Clair. According to reports, the 1987 Wellcraft was traveling at a high speed, maybe 50-miles per hour. The impact of the collision tossed almost all of the passengers in both boats into the water. The 27-year old driver of the Wellcraft, Eric Morey died from blunt force trauma according to authorities and sadly drowned in his sinking boat.

A total of six people were injured with mainly lacerations and broken bones except a twelve-year-old boy, who suffered major head trauma and is in critical condition. The only member of the Morey family on the Wellcraft that escaped injury was a 15-year-old boy.

The Lake St. Clair crash is under investigation and according to authorities, Morey was actually considered at-fault for this accident. The driver of the 31 Foot Formula, Mielke's tested negative for alcohol. It will take several weeks for the toxicology report for the deceased Morey to be completed.
We can’t stress enough how important it is for boaters to exercise safety and caution while operating boats.

Please read below for boating accident statistics and boating safety tips from the American Boating Association. "Boating Safety – It could Mean Your Life"-   B E S A F E

KNOW YOUR...

Boat
Equipment
Safety devices and PFDs
Alcohol limits
First aid and emergency procedures
Environment (area and weather)

...BEFORE YOU GO!


 

Continue Reading...

Man charged with manslaughter for fatal boat crash near statue of liberty

boating accidentIntoxication while operating a boat is never acceptable under any circumstances. On Friday two boaters on separate water crafts went out for an early Fourth of July celebration. Unfortunately for 30-year old Puthuvamkunnath, he will never get this opportunity again. He was killed after a 30-foot boat rammed into his 17-foot boat that was anchored off Liberty Island in New York

Drinking and taking drugs while operating a boat can be a deadly combination in the water, especially if one is intoxicated. On Friday evening, Aquilone’s judgment was impaired due to drinking while operating his 30-foot boat and as a result, caused a fatal boat crash with a 17-foot boat carrying 30-year old Puthuvamkunnath and his friends.

The police arrested 39 year old Aquilone and charged with him with manslaughter. According to reports Aquiline was operating the vessel under the influence of alcohol and drugs while his wife and two small children were on board.

According to the police, Puthuvamkunnath was taken to Jersey City Medical Center with his two friends and was pronounced dead due to head injuries. The two friends were treated for minor injuries and was released from the hospital.
 
Click on the following link to read more on the fatal boating crash near the statue of liberty. - CBS News

City is not liable for failing to check user skills before fatal jet ski crash

Jet skiThe Appellate court ruled that a shore town's law requiring personal watercraft operators to complete an approved boat safety course does not hold a city liable in the death of Jet ski User.

In the wrongful death action on behalf of a 16-year-old girl who perished when her Jet Ski hit an Ocean City, N.J., dock, the appeals court upheld the dismissal of the suit.

One would have thought that the wrongful death suit was a slam dunk for negligent supervision. The attendant for the city's boat ramp did not check whether the 16 year old Jet Ski User had the necessary skills before the ski launch. The court ruled that the Torts Claims Act, at N.J.S.A. 59:2-4, provides immunity for the city. Sadly, the appellate court sided with the trial judge that the facts in the case before the court did not support a negligent-supervision claim under another section of the act, 59:3-11.

Continue Reading...

Fatal wreck on I-95 kills one and critically injures three

Passenger Van Crash A tragic auto accident on Interstate 95 in Boynton Beach involving special needs passenger kills one person and leaves three others in critical condition.  The fatal auto accident happened Wednesday involving an 18 year old from Lake Worth driver that swerved and hit a passenger van carrying special needs individuals. The driver of the passenger van remains in critical condition, and two passengers are being treated for severe injuries. The 18 year old driver of the car that exercised poor judgment sustained minor injuries.

The passenger van in the crash is owned by Gayle Transportation Inc. of Riviera Beach. The company also owns several group homes under the name Dios Ark. The van's driver, 49 years old was taken to Delray Medical Center and remains in intensive Care.

There are several factors to consider in this case.  What caused the accident?  Could it have been avoided?  Were the passengers in the van and drivers wearing seat belts? Was the 18 year old distracted while driving?  Was there a phantom vehicle involved that caused the accident?

Click on the following link to read more on the fatal traffic accident in Boynton Beach involving a van carrying special needs passengers.

Continue Reading...

Do we feel bad for BP or the victims of the Deep Horizon Oil Spill?

Brian LaBovick

BP is being asked to establish a $20 billion fund to provide relief for the victims of the oil disaster!  Can you believe it?  $20 Billion!  That is about one tenth of the damages they have caused.  That is only one year of profit for the company.  They can pay $20 Billion like I am able to pay $20.00. 

Then to make matters so much worse, today when BP CEO Tony Hayward testified to Congress there were actually US Representatives who felt BAD FOR BP! That is correct, BAD FOR BP!  They thought that $20 Billion dollars was not fair.  They felt that the BP should not be “FLEECED” into paying for unnecessary damages! 

I am not gonna eat Tuna Fish for the rest of my life because this company lied about their ability to handle this disaster and somehow, now that they have caused one of the greatest man made disasters in the history of the world, our own legislators FEEL BAD FOR BP? Thousands of businesses and families will forever struggle to put their lives back together because their ways of making a living has been TAKEN AWAY FROM THEM.  How do you tell someone that has supported their families with a particular industry that "you may never be able to do this again" because of the damage the oil has caused to the waters? What does the business owner tell their employees when they can no longer pay them because the oil spill has destroyed the industry as they know it and they can't support their customers?

Continue Reading...

79 year old SUV driver crashes into West Palm Beach home after gunfight

SUV crash into West Palm Beach Home

Early morning driving in West Palm Beach has become more dangerous. West Palm Beach resident Myra Hudson was asleep in her home with her grandson and daughter when she was awakened by the sound of a loud crash.  Amazingly, the crash was that of 79-year-old man crashing his SUV into her home. This 79 year old was exchanging gunfire with other people in the West Palm Beach Neighborhood when he literally crashed into Ms.Hudson's home around 3:30 AM.

According to the police, none in the home was hurt, from the car accident.  However, the  79 year old gun slinging driver, Lamar Davis, was critically injured and transported to St. Mary's Medical Center.

Investigators are looking for the people involved in shooting 79 year old Lamar Davis. They also want to hear from any witnesses who may have seen the incident. Anyone with information is asked to call Palm Beach County Crime Stoppers at 1-800-458-TIPS (8477).

The American Red Cross gave Ms. Hudson and her family a place to stay for five days. They can't go back into their home until the dwelling is certified safe by inspectors.

We encourage readers to support the American Red Cross in their local community, so that the American Red Cross has the funds to assist families in times of need.

Click on the following link to read more from the Palm Beach Post on the 79 year old SUV Driver critical after gunfight and crash into West Palm Beach Home.

A personal look at the effect of BP Oil Spill on Clam Farmers in the Florida Panhandle

Brian F. LaBovick, Esq.

Yesterday Mark Hanson and I met with a group of clam farmers in the Florida Panhandle. Their entire life is clamming. They live right on the Sopchoppy river, about an hour south of Tallahassee. It is a beautiful part of the world. A cousin of the Ochlockonee river, the Sopchoppy river flows through their back yard. They are a few minutes from the Gulf of Mexico where they have a 10 year lease from the State of Florida on a small amount of riparian land to “farm” clams.

 When you’re on the shore looking out you at the Gulf can see the marking sticks setting out the parameters of their clam garden. Those PVC sticks look like they are white floating reed setting out the area where millions of clams are being raised in protected grow bags. Right now the water is beautiful. It looks clean and fresh. The State of Florida environmental testers check the water daily to make sure there is no toxic oil in the area. Yesterday we had an opportunity to pull more clams from the ocean. Tomorrow we may not be so lucky.

Everyone we met in Sopchoppy, Florida has a job related to fishing, clamming or oyster farming. The Gulf of Mexico is their life. There are shrimpers and line fisherman and divers and all sorts of other people. We met people in the tourist industry and people who own recreational water sports businesses. For each, the sea is their entire way of life.

Every one of them is scared to death. There is a black cloud of oil approaching. It is hundreds of miles wide and thousands of miles long. There is nothing anyone can do to stop it. When it makes its way to land it will destroy everything it touches. It will destroy their oyster farms. It will destroy their clams. It will destroy the fishing. It is already devastating the coast just a few miles west of where we were.

Mark and I went out on the pontoon boat with our clam farming clients. Their goal is to pull out as many ripe clams as possible before the oil shuts down their entire way of life. Watching these hard working people talk about effect the oil will have on their way of life makes me shutter in fear for them. I imagine camps of countless unemployed fisherman, clam and oyster farmers, fisheries, shippers and wholesalers. Where are they going to go? What are they going to do?

Is BP going to pay for all of these people to be retrained? Is BP going to make these people whole? We are going to fight for these clam farmers. We are going to fight for the fisheries. We are going to fight for everyone who is hurt by this oil disaster. I know in my heart we will win. But after seeing the fear in my client’s eyes, I know this disaster will have a deep long lasting personal effect on them. No matter what BP ever does they will never make up to them the harm and hurt and fear and devastation they caused to our property and more importantly, our people.

 

Palm Beach County Resident dies in SUV Rollover Accident on Florida's Turnpike

SUV Roller Accident Florida TurnpikeIt is always sad to read about tragic accidents. On May 31, a 20 year old Wellington Resident  was having fun visiting Orlando with a group of friends from South Florida. Unfortunately, at 2:50 am, she was a passenger in a Lexus SUV on the Florida Turnpike near Orlando, when her friend lost control of the vehicle. The Lexus SUV rolled over twice, after hitting the guardrail, and ejected passenger Shanique Corbett from the vehicle.

Ms.Corbett died from injuries sustained in the Rollover accident. The driver, 20 year old, Emmylee A. Rousseau, 20, of Pembroke Pines. suffered serious injuries in addition to a 17 year old passenger.  According to reports, other passengers in the vehicle suffered minor or no injuries.

When someone dies in a car accident it is always a travesty. The first question that is asked is what caused the accident? Followed by could the accident have been avoided? Were the people wearing seatbelts? Was alcohol involved? Was it a mechanical or human error that caused the accident?

Investigators are investigating the Orlando SUV accident that killed 20 year old Corbett, who unfortunately was not wearing a seatbelt, according to published reports in the Palm Beach Post. The next question is would she have lived, if she were in a seatbelt at the time of the Rollover? We will never know the answer to that question. 

However, we can promote the message that wearing seatbelt is required in Florida for drivers and passengers because they help save lives.  The following are Florida Seatbelt Safety  Stats published from the organization Florida Students Against Distracted Driving (SADD) based on info from the 2007  National Highway Traffic Safety Administration (NHTSA) and the FL Dept. of Highway Safety and Motor Vehicles.

Florida Seatbelt Safety Stats:

  • Every hour, someone dies in America simply because they didn't buckle up.
  • Failure to buckle up contributes to more fatalities than any other single traffic safety-related behavior.
  • Back seat passenger who do not wear seat belts are three times as likely to die or have serious injuries as passengers who wear a rear seat belt.
  • Passengers up to the age of 18 must be belted when in either the front or tear seat of a vehicle.
  • All front seat occupants must buckle up, even if the vehicle is equipped with an air bag.
  • The driver is held responsible for passengers under 18 years of age who are not buckled up.
  • Passengers 18 years of age or older may be individually fined if they are not buckled up.

Our deepest sympathies go out to the family and loved ones of Shanique Corbett. We strongly encourage all drivers and passengers to buckle up. It is the law in Florida and it can help save lives.

Florida Beaches are threatened as Deepwater Horizon Oil Spill travels despite new cap move

BP Deepwater Horizon Oil Boom

The Florida Pan Handle beaches are threatened as the BP oil slick moves closer. The latest attempt to control the seafloor gusher is risky. Even if it works, the current mission to cut a major pipe and cap it would not stop the oil flow. If it fails, it could make the Deepwater Horizon oil spill even worse. The new maneuver, called a top kill, failed Saturday, when engineers were unable to plug it with heavy mud. A permanent fix is not expected until August. 

Investors are not giving the Oil Giant BP a second chance, as the BP stock declined a second day after reactions to the top kill failure and the Justice Department's announcement of  criminal and civil probes into the spill, although no specific targets for prosecution were named.

Since the Oil Spill Started after the April 20th explosion, BP has lost $75 billion in market value and are expected to lose billions as the damage claims escalate. There are no sympathies for this corporation. The impact and the devastation on the lives and environment that this oil spill tragedy has caused is heart breaking.  

Officials in Florida, officials confirmed an oil sheen about nine miles from Pensacola beach, where the summer tourism season was just getting started. Emergency crews scoured the beaches for oil and shoring up miles of boom. County officials will try and block oil from reaching inland waterways but plan to leave beaches unprotected because they are too difficult to protect and easier to clean up.

According to Keith Wilkins, deputy chief of neighborhood and community services for Escambia County "It's inevitable that we will see it on the beaches,"

The oil has been spreading in the Gulf since the Deepwater Horizon rig exploded on April 20th,  killing 11 workers and eventually sinking. BP, the largest oil and gas producer in the Gulf operated the rig. 

Click on the following link to read more from the Associated Press  - Oil nears Fla. beaches as BP tries risky cap move