Articles Posted in Boating Accident

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image002-300x240The Boating Accident Injury Lawyers at the Wolfson Law Firm have reviewed the 2015 Boating Accidents Statistical Report which was published by the Florida Fish and Wildlife Conservation Commission. The results were shocking. The Florida Keys and Broward County led the state in boating related deaths with five boating-related deaths each. If you or a loved one were injured in a boating accident, you should call the Miami Boating Accident Personal Injury Attorneys for a free consultation today at (305) 285-1115.

Boating Accident Statistics

Here are the important facts you should know when it comes to boating safety in Florida:

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The Third District Court of Appeals recently reversed a trial court’s ruling that a bank was negligent when it mistakenly reported that the Plaintiff was a bank robber. In Bank of America Corp. v. Valladares, the Court would not conclude that the bank was liable for a Plaintiff’s personal injuries when a police officer who was called in for the suspected bank robbery kicked the Plaintiff in the head for failing to obey a command.

In doing so, the 3rd DCA cited Pokorny v. First Federal Savings & Loan Ass’n of Largo, 382 So. 2d 678 (Fla. 1980) to emphasize that a party cannot be held liable in Florida for negligently calling the police for the purpose of reporting a crime. The test used in deciding this case and Pokorny was a balancing test, weighing an individual’s protection from abusive accusations against one’s freedom in reporting suspected criminal activity. Florida Court’s have repeatedly held that when one makes a good faith mistake in reporting suspected criminal activity he has a qualified privilege with the sole exception of malicious intent. Here, the Court has simply extended the logic of Pokorny to a good faith mistake that leads to an injury inflicted by the police.

So, if you innocently suspect criminal activity, do not be afraid to report it because there is a shield of qualified privilege protecting you from suit.  And, if someone calls the police on you wrongfully, you probably don’t have civil recourse unless you were falsely imprisoned, hurt, or had other damages apart from the call.

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Alexis Fairchild and Sidney Good, both 17 years old, were excited to spend a vacation in Florida together. The two best friends were having a blast at the Treasure Island Resort and decided to conquer their fears by going parasailing for the first time. Unfortunately, poor weather and the proximity of the anchor boat to the shore led to a horrific accident that made news all around the world.

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The accident, which occurred six months ago, began when the parasailing company, Aquatic Adventures, tried to reel the girls back into the boat, but strong winds prevented them from doing so. When they were hit by a sudden gust, the tow rope broke and the girls were pulled toward the shore by the wind.

Witnesses on the beach broke out their cameras, capturing the horrific ordeal as it unfolded. The girls slammed into an apparent building and struck a power line before falling onto a car.

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According to the U.S. Coast Guard, boating accidents are on the rise. They can cause the same types of injuries as car accidents. Those involved may endure severe burns, broken bones and brain damage. The rate of fatal accidents is also, sadly, on the rise. Boating accidents bring their own set of dangers, including lacerations caused by propellers and hyperthermia suffered while in the water.

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Just like car accidents, boating accidents that result from negligence can turn into criminal proceedings for the person at fault. A boater named John Deselms was recently charged with first-degree manslaughter for a May boating accident that left two people dead. He has since posted bond and been released.

Deselms has nearly 1,000 hours of boat driving experience. With so much time on the water, what could have caused him to drive 25 mph into the lower deck of a docked houseboat? According to News On 6, preliminary reports indicate that Deselms’ blood alcohol level was more than twice the legal limit. He admitted to police that he drank 10 beers, had a shot of liquor and took prescription pills.

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A relaxing family cruise turned into a nightmare when a 9-year-old was seriously injured on a Royal Caribbean ship. The child’s family is now suing the cruise line.

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According to NBC Miami, the boy was injured while playing a game in the ship’s entertainment zone for kids. The game involved two staff members throwing balls and children running to avoid them. One boy collided with another child, and his head struck a hard surface.

The ship, Monarch of the Seas, sailed out of Port Miami. Following the incident, the boy was rushed to a hospital in Nassau for emergency brain surgery.

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June 10, 2013, Miami, FL- Boating is a favored past time in Miami and the Keys; it a great way to relax and unwind, but there is always the chance a boat being involved in a collision with another vessel or running into obstructions in Florida’s busy waterways. personal injury attorney

On Sunday, June 9th two boats making their way to a sand bar near Elliot Key collided just after 6:00 p.m. ABC news reported. Officials are unclear what caused the two vessels, a 28 ft. boat carrying 2 people, and a 36 ft. boat carrying 16 people, to collide, flinging passengers into the water.

“It was a violent collision,” Florida Fish and Wildlife Conservation Commission spokesman Jorge Pino told the Miami Herald. “We’re very fortunate no one was killed.”