Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick Law Group : Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

Earlier this year, two old friends set out from Port St. Lucie, FL to the Virgin Islands on a sail boat. The two gentlemen are 86 and 71 years old. They had invited another friend who turned them down and warned them that the currents and winds would make the trip too difficult if not dangerous. The friend proved to be right. The sailboat lost power, and the two men drifted at sea for seven days before being rescued. Thankfully, they were alright.
After the rescue, it was learned that the vessel was woefully under-supplied and provisioned. It did not have handheld VHF radios, emergency personal beacons (EPERBs) to give off radio signals, or even flares. Apparently, the owner was too cheap to purchase these items. Any of these items alone may have been enough to speed up a rescue.
Every boater must take an inventory of their vessel and account for safety equipment before going out on the water. The US Coast Guard sets for the standard minimum requirements, but boaters should always go beyond these minimums when venturing into a trip of this magnitude.
Any overseas trip dictates the presence of back-up radios, EPERBs, flares and other provisions to account for every perceived incident. A seasoned boater should know better, and a novice has a duty to himself/herself and any passengers to find out how to safely equip the vessel. Every captain has a legal duty to use reasonable care under the circumstances to protect the passengers and crew. This duty cannot be breached or delegated.
These two fellows had no business being on the ocean for a trip of that nature and especially being completely unprepared for such an event. They got lucky this time.

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A few weeks ago, two old friends set out from Port St. Lucie to the Virgin Islands on a sail boat. The two gentlemen are 86 and 71 years old. They had invited another friend who turned them down and warned them that the currents and winds would make the trip too difficult if not dangerous. The friend proved to be right. The sailboat lost power and the two men drifted at sea for seven days before being rescued. Thankfully, they will be alright.
 

After the rescue, it was learned that the vessel was woefully under supplied and provisioned. It did not have hand held VHF radios, e-perbs or even flares. Apparently, the owner was too cheap to purchase these items. Any of these items alone may have been enough to speed up a rescue.
Each and every boater must take an inventory of their vessel and account for safety equipment. The Coast Guard sets for the standard minimum requirements but the boater should go beyond these minimums when venturing into a trip of this magnitude.
 

Any overseas trip dictates the presence of back up radios, e-perbs, flares and other provisions to account for every perceived incident. A seasoned boater should know better and novice has a duty to himself and his passengers to find out how to safely equip the vessel. Every captain has a legal duty to use reasonable care under the circumstances to protect the passengers and crew. This duty cannot be breached or delegated.
 

These two fellows had no business being on the ocean for a trip of that nature and especially being completely unprepared for such an event. They got lucky this time.

 

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As Labor Day weekend has just passed, pleasure boaters here in South Florida should be aware of the strict consequences of boating under the influence (BUI).   Unfortunately, Florida routinely leads the nation in yearly boating deaths. Of those deaths, nearly one-third involved alcohol. 

Unlike in motor vehicles, it is not illegal to consume alcohol while operating a boat. However, similar to motor vehicles, it is illegal to have a blood alcohol level of0.08 or higher, or under the influence to the extent that one’s normal faculties are impaired. Likewise, the threshold for a law enforcement official to stop a boat is far less than that in a motor vehicle. Florida law enforcement officials (e.g., Coast Guard, the Florida Fish and Wildlife Conservation Commission, sheriff's deputies of the various counties in Florida, and any other authorized enforcement officer) may pull over a vessel under a routine equipment check, whereas in a car there must be reasonable suspicion to stop the vehicle. 

Penalties for a BUI range in their severity based on varying factors. Past BUI, DUI or DWI charges may enhance penalties that can include:

1. Fine of not less than $250 and no more than $500 (may extend up to $2,500 if there are prior alcohol related convictions).
2. Imprisonment of not more than 6 months for a first conviction and up to 5 years if prior alcohol related convictions.

If property damage and/or personal injuries, or death are involved in the BUI charge, the authorities are able to expand on charges to a felony.

Boating in South Florida is and should continue to be a pleasant experience. Alcohol may be part of that experience, up to a certain point. If consuming alcohol is part of your weekend/holiday boating plans, be careful and pay attention to how much you are consuming, and how it is affecting you. Better yet, select a designated driver and have a great time!

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Here in South Florida, pleasure boating and the use of Jet Skis (I use the term “Jet Ski” generically) are part of the experience of living in our great state. It is important for pleasure boaters to become aware of the issues involving Jet Ski accidents and limitation of liability statutes. While Jet Skis are certainly “pleasure crafts” to most people, the Eleventh Circuit has ruled that Jet Skis are vessels (The term “vessel” is defined in 1 U.S.C. § 3 as “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.”) in which the maritime limitation of liability statute would attach and limit recovery of damages after a collision to the value of the vessel after the accident. To put this into perspective, the average cost of a brand new Jet Ski is $10,000 to $13,000. Therefore, if you are injured by a Jet Ski, through no fault of your own, the maximum recovery for your injuries would be $10,000 to $13,000. This sum could certainly be far less than what your injuries would total. 

Congress enacted the Limitation of Liability Act in 1851 to promote investment in the domestic commercial shipping industry. The Limitation Act restricts the financial liability of a ship owner to the value of the vessel and its freight when the vessel is involved in an accident caused without the ship owner's “privity or knowledge.” In other words, the value of the vessel and freight (if any) is the limit that will be paid to the party who was injured as a result of the accident. In its original form, the Limitation Act expressly stated that it did not apply to “any canal boat, barge, or lighter, or to any vessel of any description whatsoever, used in rivers or inland navigation.”  However, in 1886, Congress amended the Act to extend its application to “all sea-going vessels, and also to all vessels used on lakes or rivers or in inland navigation, including canal-boats, barges, and lighters.” Therefore, currently the Act applies to all vessels. Likewise, following the Act's amendment in 1886, one district court stated that “the evident purpose of the amendment was to make the statute applicable to all vessels, irrespective of the purpose to which they are put.” As one court put it, “[T]he weekend sailor is as privileged to limit liability for damages committed by his yacht as are hard pressed commercial owners for those by their multi-tonnaged merchantmen plying their trade across the crowded shipping lanes....”

The modern trend, while critical of the Act, nevertheless follows the application of the Limitation Act to pleasure craft. All reported circuit court decisions apply the Limitation Act to pleasure craft and so do the vast majority of district court cases.While all might agree that extension of the Limitation Act to pleasure craft such as Jet Skis is inconsistent with the historical purposes of the Act, restriction of its applicability requires congressional action. Despite repeated calls for amendment of the Limitation Act, Congress has failed to remove pleasure craft from the statute's protection, and therefore, Jet Skis continue to be subject to limitation of liability.   

In short, the courts have routinely used the Limitation of Liability statute to apply to pleasure craft as well as Jet Skis. South Floridians should be aware of this fact when injured by another boater and take precautions against potential accidents. The total cost of their injuries may not be covered if a lawsuit is brought against the party causing the accident. If you have questions regarding Jet Ski accidents or any other boating accidents, please contact our experienced maritime attorney for a free consultation.   

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The Fourth of July is supposed to be a joyous event. There's nothing like celebrating the birthday of this great and grand country of ours. Outdoor barbecues, parades and fireworks make the day so very special. Invariably, we hear of tragic stories like fireworks accidents, drunk-driving deaths and other mishaps. This year was no different: 27 people were thrown off a 34-foot Silverton motor yacht in Oyster Bay, New York after the vessel capsized because of a wake thrown from another vessel. Three children drowned. The other 24 passengers were rescued.

What comes to mind first is whether or not the vessel's passenger capacity had been exceeded. A review of the yacht owner’s manual gives no guidance. However, it is noted that the vessel sleeps six passengers. A review of the photographs of the cockpit and helm reveal a seating capacity of approximately eight persons. One wonders why the children were not wearing life preservers. Taking that question a little further,  were that many life preservers on the boat in the first place?

Prior to leaving port, the Captain should have formulated a float plan. He should've checked the capacity for the vessel, which is typically stamped near the helm. A safety check should've been conducted to ensure an appropriate number of personal flotation devices were aboard the boat. A safety debriefing should have been given to all the passengers prior to leaving port. No one knows for sure whether or not this is a place because authorities are still conducting their investigation.

Vessels that are overloaded are harder to control.Their maneuverability is sluggish and unsafe. It seems difficult to comprehend that a wake from a neighboring vessel could capsized a boat like the Silverton 35 unless it was made exceptionally top-heavy by excess passengers being in the helm, cockpit and on the foredeck.

I'm sure the Captain will be facing difficult questions from the authorities. As the custodian of all the passengers, the Captain is responsible for everyone’s safety. This is another example of failure on the part of the Captain that has resulted in extraordinarily tragic consequences.

The lesson to be learned here is to consult the vessels information in determining the maximum amount of passengers suggested by the manufacturer. Additionally, make sure that all safety considerations are accounted for and implemented.

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Nearly 2 weeks ago it was reported that two divers were left behind by a charter dive boat off the coast of Key Biscayne, Florida. Fortunately, they were rescued three miles off shore by a passing yacht after several hours at sea. Neither diver knew each other and had gone on the dive trip without a friend or part of a group.

Anyone diving on a charter trip by themselves, without having a friend or being part of the group, may leave themselves vulnerable to a crew a miscount or an event where they are simply forgotten, as was the case with the divers in Key Biscayne. The best scuba diving advice when diving on a charter dive trip, is to go in a group of three or more people and have at least one of the people “buddy up” with someone who is not part of the group. That way, when all the divers resurface an accurate recount can occur. If a member of the group is missing, the crew can be notified of the missing person and avoid leaving  a diver in the water. This is not always possible when diving. In the instance where someone wishes to go on a dive charter with strangers, they should make sure they have researched the charter company and captain thoroughly, and obtained references. There are websites and blogs dedicated to referrals and reviews of dive charter companies.

In short, plan a dive prudently and go with a charter that is reputable, reviewed and respected. Thankfully, this event had a happy ending and didn't conclude in a boating/diving tragedy.

For more information about the laws of boating or to find out what to do if you've been in a boating-related accident, contact Mark R. Hanson, Esq., or set up a free initial consultation with the LaBovick Law Group.

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Just a few days ago in Marathon, Florida tragedy occurred during a boating expedition. Eight people from Royal Palm Beach, including a four-year-old child, left Marathon in a 22-foot boat facing 38-mile-an-hour winds and 7-foot seas to go snorkeling.

Due to the foul weather and rough sea conditions, there was a boating accident, and their 22-foot vessel capsized, and the occupants were left to drift. Of the eight occupants, four became separated from the vessel and one of them, an elderly lady, drowned. It is presumed by authorities that the vessel was underequipped by not having enough life preservers for all passengers. Further, there were too many occupants for the vessel given its size and power. Finally, the weather was simply too adverse to go out under the circumstances. Sadly, this personal injury tragedy could have been avoided with the use of common sense and experience.

First, any boating expedition must be planned in accordance with the weather and sea conditions. The Coast Guard in this case felt that the size of the vessel was inappropriate given the weather conditions. Secondly, the vessel was over-occupied leaving it tough to navigate and control. Finally, it was not supplied with enough with life-saving gear.

The circumstances in this sad instance were a recipe for disaster. The captain of the boat is responsible for the safety of his passengers. Further, the captain has the last call as to whether or not the voyage will take place. In this instance, the captain should have stayed on shore, a decision he now sadly regrets.

For more information about the laws of boating or to find out what to do if you've been in a boating accident, contact Mark R. Hanson, Esq., or set up a free initial consultation with the LaBovick Law Group.

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Recently a Palm Beach County jury returned a verdict in an amount of just under $40 million for the families of one girl killed and another severely injured in a wave runner accident. The Plaintiffs alleged that Yamaha Motor Corporation was negligent for a design defect and failing to warn of the dangers of one of their personal watercrafts commonly referred to as a wave runner or jet ski. The accident happened in March of 2005 and two young girls under the age of sixteen took off on a borrowed 2001 Yamaha wave runner. They were driving the wave runner in the Intracoastal Waterway near West Palm Beach, Florida. One of the girls was killed and the other severely injured when the wave runner collided with a boat. It was the plaintiffs’ contention that the wave runner possessed a design defect that when the throttle is released the operator losses all navigation function of the watercraft. Evidently, Yamaha knew of this, failed to correct the problem and failed to warn of the defect. This had been an ongoing problem for Yamaha since 2001 and they had been sued multiple times for similar allegations. The problem has since been corrected, but at what price?

The case was a hard fought, contentious battle in Palm Beach County Circuit Court. At the end and after much deliberation, the jury found in favor of the plaintiffs but attributed some negligence to the parents of the girls but not enough to taint the victory.

The brave lawyers who took on this case against Yamaha must be commended. They expended considerable money and countless hours in the preparation and prosecution of their claim. They spent in excess of a million dollars to bring justice for the families. The two Plaintiffs lawyers went up against a very large corporation and their army of lawyers and justice prevailed. Plaintiff attorneys over the years have gotten a bad name and have been called everything from ambulance chasers to parasites but if not for the plaintiff’s lawyers, who is going to keep these profiteers and corporations, lacking social conscious, in check.

There are multiple instances where corporations have taken advantage of the public at large and have only been found out by the litigation process from the brave lawyers who had the guts to take these companies into the courthouse to obtain justice on behalf of their clients. All lawyers, like those in the above wave runner case, need to be commended for their bravery, tenacity and commitment to justice. If not for the few, the many could continue to harm innocent victims in the name of profit.

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Several months ago, I wrote a post on the Injury Law Blog about the incident of the beach at the Juno Beach Pier involving a boat and a Teen girl who was badly injured. To recap, a small boat being captained by a young man and his friends pulled the boat into the swimming area to pick up some friends.

One of those friends was a young lady who was ultimately struck by the prop eventually leading to the amputation of part of her leg. The cowards in the boat fled, leaving the girl helpless and severely injured in the ocean.

As a Florida Boating Accident Lawyer,  I predicted and hoped, the operators of the boat would be arrested and charged with a number of crimes. As a former Prosecutor, I feel they deserve prosecution to the fullest extent of the law. They need to be held accountable for  leaving the scene of the boat accident and severely injuring the teenage girl. The young helpless victim could have died that day if not for the attention of all those around her. Her rescuers are the real heroes.

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Over this past weekend, two very different boating accidents took place with two very different endings. In the first incident, three Boynton Beach boaters were rescued off the coast of the Bahamas. Their vessel had sunk and they were found by the Coast Guard wearing life jackets and clinging to a cooler. They were located quickly because they had a personal locator device with them, commonly referred to as an Emergency Position Indicating Radio Beacon (E-PIRB). This could have ended tragically had not the men been prepared for the worst.

The second incident involved a Jupiter, Florida, young man that was badly injured in a boating accident. The boat he was riding in collided with a channel marker. This accident happened on Saturday night in the ICW, near Harbourside Circle. The operator of the boat fled after the crash. Police believe alcohol was a factor. Driving a boat at night under the influence is never a good idea. This near fatal boating accident caused a young man to become critically injured.

The above boating accidents were two separate events, with two very different outcomes. In the first instance the boaters were simply smart. In the second instance, the boaters were simply stupid. As a  Florida Boating Accident Lawyer, I encourage you to be smart and safe. Take precautions when operating your boat and as a passenger on a boat.  Make sure that the vessel you are  on has the necessary boating safety equipment on-board. 

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A gravely ill passenger aboard a cruise ship was recently dropped overboard into the frigid waters of the North Sea during an emergency medical transport. According to published reports, the cruise ship accident occurred as emergency medical personnel transferred the victim from the Ocean Countess cruise ship to a Norwegian rescue vessel.

The cruise ship accident was witnessed by a couple traveling to Norway. According to the husband, personnel from both ships were holding opposite ends of the stretcher when the two vessels  suddenly drifted apart. At a certain point, control of the stretcher could no longer be maintained, and the woman plunged into the sea.  The two ships apparently were not properly latched together in preparation for the transfer.

According to a cruise line spokesman, after several attempts, the crew of the search and rescue vehicle was finally able to retrieve the woman from the freezing ocean water and transfer her to a local hospital. It is estimated that the critically injured passenger, spent nearly eight minutes floundering in the North Sea while rescue efforts were organized and executed.

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There was a recent of a Disney cruise ship crew member missing at sea off the western coast of Mexico. On Tuesday, the female crew member failed to report for shift on the Disney Wonder, according to Disney spokesperson.

Cruises can be fun and exciting, to work and for vacation. As our Florida Maritime Attorney, Mark R. Hanson, can attest, it is serious business when things go wrong at sea. Maritime cases are different and have specific rules and statute of limitations. 

If you are a passenger or a crewmember  on a cruise vessel, boat or personal water craft, we encourage you to have fun, but also exercise care and caution while at sea. Enjoy the water, and be safe.

Our thoughts and prayers go out to the family and friends of the missing female crew member and hope that she is found safe and sound.

Click on the following link to read more on the Disney Cruise member missing at sea

Disney cruise reports crewmember missing at sea - Palm Beach Post

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While DUI arrests and convictions get a lot of attention in the state of Florida, BUI - or boating under the influence - arrests don't. The interesting thing about that fact is that Florida has the highest number of registered vessels in the country. In 2009, 982,470 vessels were registered in the state of Florida - that's according to the Florida Fish and Wildlife Conservation Commission, or FWC. With so many boats out on the water at any given time, it's surprising to learn that BUIs don't occur at much higher rates. 

Boating Accidents in Florida

In the year 2009, there were 620 reported boating accidents in the state of Florida. In terms of fatalities, falls overboard were the biggest culprits. 20 of the fatal accidents, or 39% of them, were caused by falls overboard; 69% of all fatal accidents involved drowning. Out of all of those numbers, only 18.5% of reported fatalities were directly linked to drugs or alcohol. Still, there is no question that mixing drinking, drugs and boating is never a good idea. Fortunately, law enforcement around the state puts forth diligent efforts to keep such incidents at bay.

BUIs in Florida

Over the July 4 holiday in 2010 in Palm Beach County, the FWC checked approximately 400 vessels out on the water. At the same time, they interviewed around 1,000 people, Despite their careful investigation, they didn't make a single arrest. In 2009, only four arrests were made across the state for BUI; in 2010, the number was only seven. Is the surprisingly low number of BUI arrests due to the diligent efforts of law enforcement, or is it because people are somehow better able to get away with it?

How BUIs are Handled

BUIs are handled in a manner that is quite similar to their DUI counterparts. If an officer is patrolling the water and suspects a boater of being intoxicated, a preliminary sobriety test on the boat, may be administered. If further cause for investigation is warranted, the suspect will be given another set of field sobriety tests on land. From there, the process is quite similar to that of a DUI arrest. The number of BUI incidents in the state of Florida, could lower.

As a Florida Maritme Law Firm, we encourage you to remember, when you are out on the water in your boat, safety should always come first.

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Boating season has officially started and we know that because of the first tragic accident that occurred this past Saturday near the Juno pier. As many accidents, this could have been avoided if the captain understood boating safety. Apparently, a fourteen year old girl attempted to board a 22 foot boat in shallow water near the beach.

The seas were choppy and the wind up. This idea was doomed to fail from the beginning and any captain with half a brain would have never agreed to engage in this dangerous activity. As the boat pitched, the captain engaged the engine and revved the motor, the prop spun and chopped up the girl's legs. Then the nitwit captain left the girl bleeding in the water.

The boat was eventually found and the cowardly captain identified. Hopefully criminal charges will follow and the captain should feel blessed the girl did not die. Sadly, this could have all been avoided by using a little common sense and some boating safety knowledge.

Click on the following link to read more on the Teen Injured in the Juno Boating Accident:

14-Year-Old Girl's Leg Cut By Boat Propeller

Gardens girl hit by boat propeller lost part of left leg

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Last June, while off duty, PBSO Deputy Cheryl Griffin was involved in a horrible boat crash that left her in a coma for several weeks and resulted in the amputation of her right arm. Her passenger suffered minor injuries. The community rallied with sympathy, fund raiders and a blood drive. Deputy Griffin suffered a tremendous loss for sure. Now the accident investigation has been released and has revealed Deputy Griffin was speeding in a personal 20-foot motorboat through a low wake manatee zone. According to the reports she was drunk more than twice the legal limit. Her passenger was also drunk.

This tragedy most certainly could have been avoided. Deputy Griffin will not face DUI charges by the State's Attorney since it was felt she has already paid a high price. True enough but she didn't have to pay at all if she had been using care and common sense and followed the law that she has been charged to enforce. My sympathies continue to go out to her and her accident should be an example for all boaters that it can happen to anyone if they are not careful.

Click on the following link to read the Memo on the PBSO Deputy Boat Crash Investigation from the State Attorney's Office

Click on the following link to read more on the PBSO Deputy who lost arm in June Boat Crash was Drunk - Page 2 Live - The Palm Beach Post

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A water taxi slammed into a pier Sunday in Seattle, Washington, injuring at least seven people. According to the U.S. Coast Guard rescue workers responded to the boating accident that happened shortly before noon on Sunday. The vessel slammed into historic Pier 50, also known as the Washington Street Public Boat Landing Facility. Reportedly, seven people were taken to the hospital with minor injuries.

There were about 78 passengers and crew were aboard the water taxi – most of which were Seahawks fans heading for the big game with the San Diego Chargers - at the time of the crash.

In the 2009 report on Boating Accident Statistics from the U.S. Coast Guard, approximately 4,730 accidents caused 736 deaths and over 3,300 injuries occurred in 2009.The fatality rate, which compares the number of annual deaths against the number of registered boats, increased to 5.8 deaths per 100,000 registered boats in 2009.

The top five contributing factors to the accidents included boat operator inattention and inexperience, excessive speed, improper lookout and alcohol consumption. The U.S. Coast Guard report states that alcohol consumption "continues to be of major concern" in fatal accidents, and was the leading factor in 16 percent of deaths. Approximately 86 percent of boat operators involved in fatal accidents had not received boat safety instruction.

The state of Florida led the nation in boating accidents with 610 total boating accidents in 2009. This was a decrease from 2008, which had 616 boating accidents in Florida. The number of fatal accidents in Florida increased in 2009 to 53 fatal boating accidents from 50 fatal boating accidents in 2008. The number of deaths in boating accidents increased in 2009 to 67 boating deaths up from 55 boating deaths in 2008.

The State of California came in second place with 478 boating accidents in 2009. This was a decrease from 2008 which had 520 boating accidents in California. The number of fatal accidents in California increased in 2009 to 42 fatal boating accidents from 39 fatal boating accidents in 2008. The number of deaths increased in 2009 to 47 boating deaths up from 45 boating deaths in 2008

Click on the following link to read more on the Seattle Water Taxi Accident that injured Seven

Click on the following link to read more on Boating Injury Statistics from the U.S. Coast Guard

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Florida Maritime Attorney, Mark. R. Hanson, discusses admiralty & maritime law,  passenger's rights, cruise injuries, and boating safety with South Florida Business Report producer David Weir.

As a Maritime Attorney with many years of experience handling cruise industry issues, Mr. Hanson shares how a maritime case involving a crew member differs from a case involving a passenger aboard a cruise ship.

Mr. Hanson also outlines how a boat owner should exercise reasonable care for the safety of passengers and others at sea. According to Attorney Hanson “Every owner/operator of a boat should take the U.S. Coast Guard Safety Course.”

Due to our climate, Florida has more recreational boats and yachts registered than the most other 50 states. The seaports of Florida account for the largest amount of cargo and cruise ship passengers than other states.

Click on the following link to view the video of  Florida Maritime Attorney Mark R. Hanson discussing
Maritime & Admiralty Law, Cruise Injuries, Boating Safety and Passenger's Rights on South Florida Business Report

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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. 

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The 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!

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The holday weekend continues to be dedly 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 I is innvestigating 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. We spoke to his mother, who is frantically trying to make it back to Michigan from Florida.
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 willtake 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 boating accident statistics and boating saftey tips from the American Boating Association. Boating Safety – It could Mean Your Life -
 

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Intoxication 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

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A blog series from a maritime lawyer and boating enthusiast.

The Navigator explores various topics in the boating world; including safety issues and an in-depth look into the cruise industry. In this inaugural issue, I share my experience aboard Costa Atlantica by Costa cruise lines and provide essential tips on cruise safety and cruise etiquette.

 
The Ship

My family and I took a seven-day cruise aboard the Costa Atlantica sailing  out of Fort Lauderdale this past Spring. Our Itinerary included stops in St. Thomas, San Juan and Nassau. We are experienced cruisers and have been on many different cruise lines. This was our first time on Costa cruise lines. We were looking forward to this trip since we heard many good things about the accommodations, food, excursions and staff. We boarded the vessel in Fort Lauderdale at Port Everglades. This is a rather simple port and very sparse in its construction. However, it was a smooth transition and we boarded quickly without any wait.

Once aboard the vessel, we noted that the décor was clearly of Italian influence with ornate trim and sculptures. While the Atlantica is over ten years old, it was well kept, clean and neat. Traversing the ship was relatively easy even though there were few deck plans available in places that you would most expect them. They were noticeably absent near the stairwells and elevators. In spite of that, we found our way around the ship rather easily after our initial orientation.

We booked a balcony room and found it to be exactly what we expected, a double bed and two bunks with ample storage space for our clothes and luggage. The bathroom was of typical design with a shower, head (maritime term for toilet) and sink located in a singular room. The room was also outfitted with a television and small refrigerator stocked with a mini bar.  

A word of caution: Costa cruises, does not warn passengers on their website or in any other informational materials that smoking is allowed in the cabins. We are non-smokers and our son is hyper sensitive to cigarette smoke. Unfortunately, we were sandwiched between two rooms of heavy smokers. Our room smelled like a saloon most of the trip. We complained to the front desk several times, but guest services were not accommodating and unresponsive.

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The Louis Majesty of Louis Cruise Lines, carrying 1,350 passengers and 580 crew on board experienced a horrifying ordeal on Wednesday. A 26-foot wave crashed into the ship, smashing five windows in a public area.  Unfortunately, two male passengers (one German and one Italian) were killed and at least 14 others were injured on the ship traveling on a 12-night Western Mediterranean cruise from Barcelona that included Spain, Spain, Genoa and Italy. The cruise ship turned around and headed back to port in Barcelona after being struck by the wave.

The Louis Majesty was off the off the French port of Marseilles when it was hit by "abnormal" waves, some more than 26 feet (9 meters) high, cruise line according to spokesman Michael Maratheftis. The public areas on the ship affected by the large waves that broke five windows were the - the forward part, or bow, of the 14-deck ship, owned and operated by the Greece based, Louis Cruise Lines.

Weather is reportedly to blame for the cause of the high waves, since winds were 45 mph, according to Buoy data off the French coast.

Louis Cruise Lines flew all passengers home on Thursday from Barcelona courtesy of the Cruise Line. The luxury cruise line has canceled the next cruise. The Louis Majesty will remain in Barcelona for repairs. March 14th is the scheduled date for cruises to resume on this vessel.

Click on the following links to read more on the tragic cruise ship incident off the French port of Marseilles:

Giant waves hit cruise ship; 2 passengers killed
Passenger describes 'terrifying' ordeal as giant waves hit cruise ship
Two killed, 14 injured as massive waves hit cruise ship off France
Passenger on cruise ship: Wave ordeal terrifying

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