Boating Fatality

December 10, 2024

How to File a Boat Accident Damage Claim in Florida

by Whittel & Melton, LLC

Florida is known as the boating capital of the U.S. There are many popular boating hubs in the Sunshine State, including Miami, Florida Keys, Stuart, Sarasota, Fort Lauderdale, Crystal River, Palm Beach, Jupiter, Charlotte Harbor, and Tampa Bay.

Due to the high number of boaters in our state, it is no surprise that Florida also sees the highest number of boating injuries and fatalities in the U.S. Our Florida Boating Accident Lawyers at Whittel & Melton have seen all types of boat and watercraft accidents, including jet ski accidents, sail boat mishaps, ferry accidents, tourist boat incidents, yachting accidents, cruise ship injuries, and more. We have seen all types of serious injuries, including traumatic brain injuries (TBIs), spinal cord trauma, near-drowning injuries, and unfortunately death.

What Should You Do After a Boat Accident?

July 27, 2021

Florida Hospital CEO Killed in Jet Ski Accident in Palm Beach | Florida Boating Accident Attorneys Whittel & Melton

by Whittel & Melton, LLC

The CEO of UF Health Jacksonville, 56, was pronounced dead Saturday following an accident on a personal watercraft. Reports indicate that the man was flung from the jet ski he was riding in Palm Beach Inlet.

According to the Florida Fish and Wildlife Conservation Commission, the man was found in the water wearing a life jacket and was immediately taken to a hospital, where he passed away from his injuries.

This is all that is known at the time regarding the man’s death.

Boating, especially in Florida, is a widely popular activity. While there are inherent risks involved when operating a motorized vessel, no one expects to suffer harm when having fun out on the water. Sadly, the U.S. Coast Guard statistics show that in 2019 there were 4,168 boating accidents that resulted in 613 deaths, 2,559 injuries and $55 million worth of property damage.

Sales of personal watercraft, also known as Jet Skis, WaveRunners, or Sea-Doos, have really surged within the last decade. The leading manufacturers of PWCs are Yamaha, Kawasaki, and Bombardier. Despite the growing sales of these vessels, any design changes or engineering modifications have been minimal despite the upward tick of accidents involving their products.

Jet skis are very popular throughout the state of Florida, but also much more dangerous than traditional boats. In 2019, jet skis accounted for 20% of the total number of recreational boating accidents that year, ranking second to motorboat incidents.

Why Are Jet Skis so Dangerous?

Reckless operation: These personal watercrafts are light, but have powerful jet motors that can reach speeds of 65 mph or higher. Because they are easy to maneuver, many operators get overconfident and tend to behave recklessly when taking them out by jumping large waves or weaving in and out of boat traffic.
How they are designed: Because jet skis are small in stature, they can flip over quite easily. When cruising at high speeds, the risk for flipping is even greater. The way that jet skis are designed prevents anything from stopping riders from falling or being ejected from the vessel at any moment. It is also worth mentioning that the steering column of jet skis can strike riders heads or chests when involved in an accident at even moderate speeds.
Riders that lack training: Personal watercraft vessels are generally easy to operate. In the state of Florida, operators must be at least 14 years old and must have successfully completed a National Association of State Boating Law Administrators (NASBLA) approved boating education course or have passed a course equivalency or temporary certificate examination. When operating a jet ski or any vessel with a motor of ten horsepower or more, Florida riders must have their boating education ID card and a photo ID card on them.
Weather: Jet skis fail to offer riders the same protections that other larger vessels do. That said, when stormy weather approaches, these PWCs can be extremely dangerous to navigate and you can be ejected quite easily.

December 27, 2018

Florida Casino Shuttle Boat Fire Blamed on Poor Maintenance

by Whittel & Melton, LLC

Investigators believe a casino shuttle boat fire that killed one woman and injured 14 other people off Florida’s Gulf Coast was caused by poor maintenance and the captain’s failure to shut down the engine sooner.

The National Transportation Safety Board released a report this month outlining the factors that led to a 42-year-old woman’s death and the destruction of the $450,000 boat. According to authorities, about 50 passengers jumped into the chilly waters off Port Richey in January when the Island Lady caught fire. It was heading to a Tropical Breeze casino boat in the Gulf of Mexico, where gambling is legal.

Problems outlined in the NTSB report include lack of company guidance regarding engine high-temperature alarms, lack of fire detection in unmanned spaces, insufficient preventive maintenance and insufficient crew training.

When you are harmed in a boating accident, you are suddenly left to endure injuries, medical bills and lost wages. When a fun excursion on the water results in serious injury or a wrongful death, our Florida Maritime Attorneys at Whittel & Melton can provide you with quality legal representation.

Maritime laws apply to boating accidents that occur at sea or on lakes or rivers. Maritime law is quite different from the law that applies to auto accidents or other accidents that occur on land.

The owners and operators of boats have a duty to warn passengers of dangers and to operate their boats properly. We represent clients who have been injured while on vacation or enjoying a day on the water in:

Cruise ships
Shuttle boats
Yachts
Deep sea fishing boats
Jet Skis and other personal watercrafts
Charter boats
Sail boats

August 25, 2018

Orlando Mother Accuses Duck Boat Operators of Causing Child’s Injuries

by Whittel & Melton, LLC

A mother is suing duck boat operators, alleging negligence caused serious injuries to her child.

The woman filed a complaint July 30 in Orange County Circuit Court against Ripley Entertainment Inc., alleging the duck boat operator failed to provide for the safety of the its passengers.

According to the complaint, on July 19, 17 people were killed and several others were injured when the duck boat sank in a Missouri lake. The suit says the child sustained severe injuries that resulted in physical pain and suffering, disability, discomfort, mental anguish, distress and other medical problems.

The lawsuit alleges that the boat was taken out on the water despite knowing about impending rough weather and that Ripley Entertainment was further aware through prior inspections that the duck boat was not fit for voyages in such weather.

The mother alleges Ripley Entertainment, based in Orlando, failed to properly supervise their crew, failed to provide adequate safety equipment and failed to properly monitor the weather.

At least two other lawsuits have been filed on behalf of persons who died as a result of the mishap.

Failure of the boat operator to act using reasonable care is considered negligence when it comes to boating accidents. Negligence is often the result of piloting the boat recklessly or not taking necessary precautions.

Because the circumstances behind every boating accident are different, you need to seek legal help as soon as possible after the accident so that you can achieve the justice you deserve. Our Florida Boating Accident Attorneys at Whittel & Melton can walk you through the process of filing a personal injury or wrongful death claim.

July 31, 2017

First Lobster Mini Season Death Reported at Bahia Honda State Park

by Whittel & Melton, LLC

The first South Florida death related to lobster miniseason involved a 79-year-old man who was being towed behind a boat.

The man was snorkeling Wednesday at Bahia Honda State Park in search of lobster when he had “difficulty in the water and did not survive,’’ said a public information coordinator for the Florida Fish & Wildlife Conservation Commission’s South Region.

The man was transported to Fishermen’s Hospital in Marathon, where he was pronounced dead.

The two-day lobster miniseason ended at midnight Thursday.

Last year, a 60-year-man from Little Torch Key died while diving for lobster on the Gulf side of Cudjoe Key.

Also on Wednesday, a 16-year-old girl was taken to a hospital in the afternoon after one of her fingers was severed while climbing off a boat.

On a similar note, the first arrest of the miniseason in the Florida Keys occurred around 2:30 a.m. when a 78-year-old Marathon man was charged with possession of one undersized lobster and of “over-the-limit” lobsters, with 33.

With more than 10,000 miles of rivers, streams, lakes and ocean coastline, Florida’s abundance of water make it an ideal spot for water and boating activities. While water and boating activities can be fun hobbies, the truth is that they can also be dangerous. On average, there are over 1,000 reported boating accidents every year in Florida with many causing serious injuries and wrongful death.

The Florida Fish and Wildlife Conservation Commission or FWC has jurisdiction over most of the boating accidents in Florida and are usually the ones who investigate the majority of boating accidents. According to their reports, an increase in the number of boating accidents is usually seen on holidays like Memorial Day, July 4th, Columbus Day, New Year’s Eve and during lobster miniseason when more boats are on the water.

November 3, 2015

NTSB Believes They Located El Faro

by Whittel & Melton, LLC

The National Transportation Safety Board believes El Faro, the cargo ship that went missing during Hurricane Joaquin, has been found in the Atlantic Ocean about 15,000 feet below the surface.

The NTSB said the USNS Apache used sonar equipment. The technology first detected the vessel Saturday afternoon.

Specialists on the Apache will use a deep ocean remotely operated vehicle to survey and confirm the identity of the wreckage. The survey could start as early as Sunday.

NTSB said the sonar detection is consistent with a 790-foot cargo ship. The vessel appears to be upright and in one piece.

If the vessel is confirmed to be El Faro, the remote will use a video camera to document the vessel and debris field in order to locate and recover the voyage data recorder.

El Faro went missing on Oct. 1 during Hurricane Joaquin. The Coast Guard searched for the boat for many days before the NTSB contracted the U.S. Navy to take over the search.

El Faro had 28 crew members from the United States and five from Poland. The ship was heading to Puerto Rico on Sept. 29 from Jacksonville on a regularly scheduled cargo supply run.

Reports indicate that the ship had lost power, had taken on water and was listing 15 degrees but that the situation was “manageable,” in their last communication, according to ship owner TOTE Maritime Puerto Rico.

Joaquin was a Category 4 hurricane when El Faro got caught in the storm. According to reports, the ship had 391 shipping
containers on board, making it quite top-heavy as it tried to navigate through Joaquin’s 50-foot waves.

Anyone who has spent time earning a living on the ocean knows that this is a risky trade. The unpredictability of the ocean places even the most experienced of sailors and the strongest of ships in constant danger. These conditions demand professionalism from all of the crew members of any sea vessel, whether it is a cruise ship, cargo ship, fishing boat, tugboat, or anything else. Any lack of competence places all the lives on board at risk.

Despite the fact that working on the ocean is inherently dangerous, this fact alone does not absolve the shipowner, captain or crew members from being at fault if one of their employees or fellow workers suffers an injury or death due to negligence.

October 17, 2015

NTSB Releases First Report on El Faro Sinking

by Whittel & Melton, LLC

The National Transportation Safety Board released its preliminary report Thursday on the investigation into the El Faro tragedy.

According to their findings, the U.S. Coast Guard received distress alerts from the 737 foot cargo ship on October 1 around 7:15 a.m.

The ship was 36 nautical miles northeast of Acklins and Crooked Islands, Bahamas, and close to the eye of Hurricane Joaquin.

The ship was en route from Jacksonville to San Juan, Puerto Rico with a cargo of containers and vehicles.

According to the NTSB report, just a few minutes before the distress alerts, the El Faro master called TOTE Maritime’s designated person ashore and reported the ship was experiencing some flooding. He said the crew had controlled the flooding but the ship was listing at 15 degrees and lost propulsion.

The Coast Guard and TOTE were unable to reestablish communication with the ship. Of the 33 crew members on the Jacksonville-based ship, 28 were U.S. citizens and five were from Poland.

The Coast Guard deployed helicopters and search vessels to the ship’s last known position, but the search was halted due to hurricane force conditions.

The report stated that on Sunday, October 4, a damaged lifeboat, two damaged liferafts, and a deceased crewmember wearing an immersion suit were found. The next day, a debris field and oil slick were found, and the Coast Guard determined the El Faro was lost and declared the event a major marine casualty.

The Coast Guard suspended the unsuccessful search for survivors at sundown on Wednesday, October 7.

On Tuesday, October 6, the National Transportation Safety Board launched a full team to Jacksonville to lead the federal investigation in cooperation with the Coast Guard, the American Bureau of Shipping, and TOTE as parties.

The U.S. Navy Salvage and Diving division of the Naval Seas Systems Command was contracted to locate the sunken ship, assist in the sea floor documentation of the wreckage, and recover the voyage data recorder, according to reports.

Working on board cargo ships like the El Faro can be extremely dangerous. While out to sea, crew members put their lives on the line to ensure that the goods necessary for our daily lives arrive to where they need to be on time. They face dangerous weather conditions and the constant risk of being thrown overboard.

At Whittel & Melton, our Maritime Accident Lawyers are experienced and trained to represent injured seamen and their families, as well as the families of those who have lost loved ones on cargo vessels, like the El Faro. We will represent victims nationwide in maritime personal injury and wrongful death lawsuits.

In many cases, the surviving family members of those who are killed at sea are able to obtain wrongful death compensation under the Jones Act, Death on the High Seas Act, or Admiralty Law.

April 21, 2015

200 Royal Caribbean And Celebrity Cruise Passengers Sick with Norovirus

by Whittel & Melton, LLC

More than 200 passengers on two cruise ships, Royal Caribbean’s Legend of the Seas and Celebrity’s Infinity, have fallen ill with norovirus. The CDC is now investigating the outbreak and monitoring clean up procedures on the two ships.

What is Norovirus?

Norovirus is a highly contagious virus that spreads through contaminated food, water and dirty surfaces. Similar to the stomach flu, norovirus can cause up to three days of stomach cramps, diarrhea and vomiting. This usually does not require treatment, but some people may become dehydrated and need liquids or intravenous fluids.

Cruise Ship Liability

Cruise ship passengers do have a bill of rights, but the terms of the ticket contract are what determine passengers’ right to sue.

Under the contract, usually located on the back of the cruise ticket, passengers generally waive their right to sue unless the cruise company was negligent in some way. In order to show the cruise line was negligent, it must be demonstrated that the cruise line had a duty to reasonably care for its passengers, but breached that duty, which in turn, caused you harm.

A reasonable standard of care often translates to mean that the cruise company took adequate measures to clean rooms and restrooms, handled and stored food and water properly and made a reasonable effort to quarantine sick passengers to stop the spread of disease. Lastly, it must be shown that the cruise company’s breach of duty is what caused your injury. In the case of norovirus, the cruise company may allege that you already had the virus when you came aboard the ship. It could even claim that you picked it up on shore during one of the stops. However, in this case, it will be quite difficult for Celebrity and Royal Caribbean to argue that the 200 passengers were already sick before coming onto their ships.

May 8, 2014

Florida Injury Lawyer :: New Regulations Could Be Placed on Parasailing Industry in Florida

by Whittel & Melton, LLC

For the first time ever, Florida Gov. Rick Scott has the opportunity to sign into law a bill imposing restrictions on how parasailing companies conduct their business. The new laws would require operators to carry $1 million of insurance per rider and would ban parasailing in sustained winds topping 20 mph or gusts reaching 25 mph.

According to a senate report, between 2001 and October of 2013, there have been 21 parasailing accidents in Florida that have resulted in 23 injuries and six deaths.

Of those that have lost loved ones is an Ocala woman who lost her youngest daughter to a parasailing accident in Pompano Beach in 2007. Her older daughter was left with brain damage.

The mother blames the tragedy on a void of regulation in the parasailing industry, something she hopes this new law will change.

The company that took the Ocala woman’s teenage daughters out parasailing apparently did not keep their equipment in good shape or watch out for inclement weather conditions.

Once the teens were out, the wind began to pick up and the girls asked to be let down, however the wench did not have enough strength to pull them down to safety. The decaying rope snapped, dragging the teens and the yellow parasail into the roof of a two-story home, and finally coming to rest in a tangled mess in a tree.

The daughter that suffered brain damage, now 24, continues to experience side effects from her injuries. She is now a massage therapist, but constant headaches make the physical work quite difficult. Her mother believes she suffers from Post-Traumatic Stress Disorder.

Many people flock to the beaches of Florida year-round to escape colder temperatures and enjoy some fun in the sun. Most tourists partake in many water adventures, parasailing being one of them, however, many of them fail to recognize the potential dangers involved. Parasailing should be an enjoyable time, but without proper safety measures in place, these types of accidents can lead to permanent and life-threatening injuries, including traumatic brain injuries, spinal cord trauma, back injuries, head injuries, paralysis, broken bones, death from falls and even drowning.

There are many careless acts of negligence that can result in parasailing accidents, including:

Equipment Failure – This can include malfunctions with the boat, harness, towline or sail
Improperly Trained Staff
Absence of Safety Measures
Unlicensed Company or Operator
Operator Negligence
Unsuitable Parasails
Staff Failing to Monitor Weather Conditions or Stay Updated on Alerts
Boat Operators Moving too Close to Other Boats and Structures
Staff Failing to Demonstrate Proper Safety Techniques to Passengers

September 4, 2013

Florida Injury Lawyer :: Miami Man Killed in Key Largo Boating Mishap

by Whittel & Melton, LLC

A 43-year-old Miami man was killed Saturday while boating in Key Largo with his girlfriend.

Autopsy reports are pending at this time.

The girlfriend claims the man jumped into the water to cool off, but the current began sweeping him away. He apparently grabbed onto a fishing line they had in the water, but it broke. She tried to throw the man a life preserver, but the man was too far away to reach it.

The girlfriend told authorities this was her first time on a boat and she did not know how to operate it.

The Fish and Wildlife Conservation Commission responded to the accident site and located the man’s body.

Boating is practically a state sport in Florida. Numerous people own boats and enjoy cruising the waterways for recreational or fishing purposes on the weekend or while on vacation. However, a day on the water can turn tragic in just seconds when someone on the boat is careless or negligent in their actions. If you or someone you care for has been injured or killed in a boating accident, you may be entitled to recover damages for your losses.

The main causes of boating accidents can be attributed to the following acts of negligence:

• No Proper Lookout
• Excessive Speed
• Operator Carelessness
• General Inattentiveness
If you or a loved one has been the victim of a boating accident in West Palm Beach, Miami or the surrounding areas, consult with a Palm Beach County Boating Accident Injury Attorney at Whittel & Melton today. Our Florida Injury Lawyers have extensive experience handling all types of boating accident cases, from cruise ship injuries to fishing boat fatalities. We thoroughly investigate all boating accident cases to uncover the possible causes of your accident so that you receive full and fair compensation for any pain and suffering the boating accident has caused you and your family.