Cruise Ship Accident Lawyer Blog

Surviving Victims of Fatal Florida Keys Boating Accident Tread Water for 20 Hours

October 12, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— October 12, 2011 – A horrific boating accident in the Florida Keys resulted in the death of an elderly Hialeah woman and left seven additional victims, including a 4-year-old child, treading water for nearly an entire day. According to information provided by NBC Miami, a 22-foot vessel sank off Long Key, in close proximity to the Tennessee Reef Lighthouse, at approximately 12 p.m. on Sunday, Oct. 9.

Investigators from the Florida Fish and Wildlife Conservation are conducting a full probe into the Florida Keys accident that resulted in the drowning death of 79-year-old Zaida San Jurjo Gonzalez. The boat operator and six other passengers, all of whom are related to one another, were only rescued approximately 20 hours after the boat capsized. Reports suggested that the boat sank upon being hit by a big wave off the coast of South Florida.

Both U.S. Coast Guard personnel and boat captain David Jensen helped rescue the survivors, one of whom was identified as 4-year-old Fabiana De Armas Lima, following the boat’s capsize. Authorities identified the remaining surviving victims as Hialeah residents Elena G. Gonzalez, 52, and Juglar Riveras, 34, and Royal Palm Beach residents Jorge Alejo Gonzalez, 62, Tomasa Torres Gonzalez, 57, Jose Miguel De Armas, 40, and Yunisleidy Lima Tejada, 25. The FWC aided in rescue missions.

According to the Florida Fish and Wildlife Conservation Commission’s 2010 boating accidents statistical report, drowning was the cause of death for 62 percent of the 79 individuals who lost their lives in recreational boating accidents in Florida (a total of 49 victims) that year. Thirty-four percent of victims (27 people) died from trauma-related injuries, and the cause of death for the remaining four percent of victims (three people) remained unidentified.

Man Falls Overboard Boat and Into Propellers at Biscayne Bay, Dies

October 11, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— October 11, 2011 – The Florida Fish and Wildlife Conservation Commission is conducting an investigation into a recent and horrific boating accident in which a man lost his life after falling overboard a vessel and into its propellers. The fatal incident occurred during Biscayne Bay’s 55th annual Columbus Day Regatta, NBC Miami reported.

According to Jorge Pino of the FWC, 45-year-old Juan Carlos Morales appeared to have been either sitting or standing on a 65-foot boat’s rear dive platform when he fell overboard and into the vessel’s propellers. The deadly boating accident occurred near Elliot Key along the coast of South Florida on Oct. 8.

While investigators are still unsure how the boat accident victim fell to his death, a full probe was expected to be underway. Morales was the first person to die in a boating-related incident this Columbus Day weekend, Pino said.

Although Pino stated that it also remained unclear whether alcohol played a role in the fatal boating accident, statistical data provided by the U.S. Coast Guard (USCG) suggested that alcohol use was the primary contributing factor of boating fatalities during the year 2010. In the past, countless boaters have been arrested for boating under the influence (BUI) during the Columbus Day Regatta at Biscayne Bay.

Miami Cruise Ship Injury Attorney News: More Than 450 Alleged Sexual Assaults Reported to Royal Caribbean Over 8-Year Span

October 4, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— October 4, 2011 – Upon analyzing FBI data and sexual assault reports on three major cruise lines, researchers concluded that individuals are more vulnerable to sex crimes aboard cruise ships than they are on land in Canada. Study leaders Dr. Jill Poulston, the Auckland University of Technology (AUT) head of hospitality, and Ross Klein, a professor at Canada’s Memorial University of Newfoundland, found that Royal Caribbean International cruise line, for instance, received no less than 450 reports of sexual abuse aboard its cruise vessels over an eight-year span, the New Zealand Herald reported.

The cruise ship sexual assault study, which focused for the most part on American and Canadian cases, found that the majority of sex attacks involved ship crew members and the majority of sex assault and rape victims were female.

Furthermore, researchers were able to determine that in more than one third of the alleged sexual assault cases, cruise ship crew members appeared to have forcefully entered passengers’ cabins.

According to AUT’s Dr. Poulston, “While cruise vacations are often sold as voyages of romance and adventure a significant number of passengers have very different and very unpleasant experiences.” Poulston also suggested that the high number of sex crimes could be partly attributed to cruise ship passengers who “let their guard down” on vacation.

Incident reports by Royal Caribbean International and Carnival Cruise Lines suggested, “The rate of sex-related incidents on cruise ships is almost 50 per cent higher than the rate of sexual assault on land in Canada.”

Celebrity Cruises-owner Royal Caribbean said on its website, “Royal Caribbean International is committed to preventing illegal activity and treats all allegations seriously.”

According to statistics posted on the Rape, Abuse & Incest National Network (RAINN) website, the FBI regarded sexual assault as the leading crime reported on cruise ships, accounting for 55 percent of all maritime crimes reported to the bureau.

Miami Cruise Ship Accident Attorney News: Engine Room Fire Results in Deaths of 2 Norwegian Cruise Ship Workers

September 20, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—September 20, 2011 – Norwegian police officials appeared to believe an engine room explosion was to blame for the blaze that was ignited aboard a Hurtigruten cruise ship on Sept. 15, claiming the lives of two crew members. According to information provided by the Denver Post, the deadly cruise fire spurred the evacuation of hundreds of cruise ship passengers and also caused three rescuers to suffer minor wounds.

While police suspected that a blast in the engine room of the MS Nordlys, which is operated by Norwegian cruise ship company Hurtigruten, resulted in the deaths of two cruise employees, a full investigation will be required to confirm such assumptions. According to Ålesund Police operations head Trygve Oedegaard, “Nothing indicates sabotage or points to terror… But, of course, we have to investigate all options.”

Reports indicated that when the MS Nordlys docked in Ålesund, Norway, smoke coming from the ship spread to area buildings, forcing authorities to block off certain portions of the town. Although an excess of 100 cruise ship passengers were initially evacuated from the burning ship and put onto lifeboats, 55 cruise ship workers, along with the remainder of the total 207 passengers, disembarked the vessel in Ålesund.

Two cruise line workers were killed in the engine room fire and nine other crew members suffered various injuries, for which they were hospitalized. Two of the injured cruise employees’ reportedly sustained severe burns as a result of the engine room blaze. A full investigation into the fatal cruise ship fire was expected to be underway.

Miami Cruise Ship Injury Lawyer News: Elderly UK Cruise Ship Passenger Reported Missing From Fred Olsen Cruise

September 15, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—September 15, 2011 – A cruise ship passenger, whom other vacationers described as a “pleasant elderly British gentleman,” was reported missing from the cruise vessel Balmoral on September 12. The missing passenger was last seen aboard the Fred Olsen Cruise Lines-operated ship on the night of September 11, as it traveled from Stavanger, Norway to its final destination in Southampton, England, the Daily Mail reported.

According to information provided the Daily Mail, a cabin stewardess aboard the UK cruise ship Balmoral reported finding a note suggesting that a passenger may have gone missing on 9/11. It was only after ship crew members carried out a full onboard search to no avail and the cruise liner docked in Southampton that passengers were informed that they would only be permitted to disembark following preliminary missing persons investigations by police officials.

“We were only told what had happened when we arrived in Southampton. It was a very upsetting thing to hear. We had had a fantastic holiday and were just about to disembark and return home when we suddenly were told someone had disappeared… Everyone was shocked. No one knew that it had happened, even though we had been on the ship for more than 36 hours with him missing. It is the sort of thing you read about or see on TV,” an unidentified cruise ship passenger told reporters.

Authorities reportedly boarded the 700-foot Balmoral cruise ship in Southampton and approximately three hours passed before more than 1,000 passengers were given the OK to get off the ship. While authorities did not state if they suspected that the missing elderly man fell overboard, accentually or deliberately, investigations were ongoing.

Statistics provided by the International Cruise Victims Association suggested there have been 165 cruise ship disappearances since 1995. Excluding this particular missing persons case, 12 victims have disappeared at sea since the beginning of the year 2011.

Miami Boat Accident Attorney News: Pinellas Park Fisherman Killed in Intracostal Waterway Boating Accident

September 14, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— September 14, 2011 – Pinellas County Sheriff’s Office Marine investigators are conducting a probe into an unfortunate boating accident that claimed the life of a fisherman on the morning of Sept. 12. According to information provided by Patch, a 13-foot stick-steered boat went out of control in the Intracostal Waterway for unknown reasons, ejecting two fishermen, both of whom were not wearing lifejackets, into the water.

Reports indicated 68-year-old “Fireman John” Joseph Litz and 70-year-old Anthony S. Naismith were aboard the vessel Carolina Skiff when it began spinning out of control around 10:43 a.m. Although the fishermen were apparently able to report the emergency situation, they were thrown into the water for unknown reasons.

Another boater in the area appeared to have witnessed the boat accident reportedly helped retrieve the men from the water. Shortly after, a boat operated by Clearwater Fire and Rescue personnel responded to the site to tend to the victims.

While Naismith did not appear to suffer any injuries in the watercraft accident, responding emergency crews performed CPR on an unresponsive Litz before transporting him to the Seminole Boat Ramp so he could be rushed to Morton Plant Hospital for further medical attention. Sadly, Litz, who worked for the Pinellas Park Fire Department for nearly four decades, died at the medical center.

According statistics provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC), 668 boat accidents were reported during the year 2010. A total of 79 boating deaths and 389 injuries resulted from those boat crashes and accidents. Furthermore, Florida has the highest number of boating accidents in the nation.

Miami Boat Accident Lawyer News: Sailboat Captain Swims 2 Miles to Flagler Beach Shore After Falling Overboard Vessel

September 7, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—September 7, 2011 – On Sept. 5, U.S. Coast Guard (USCG) personnel, accompanied by authorities from the Florida Fish and Wildlife Conservation Commission (FWC) and the Flagler County Sheriff’s Office, launched a search and rescue mission for a sailboat captain who fell overboard his vessel near Flagler Beach. Although search operations for the missing boater were conducted to no avail, Associated Press reports indicated that the 45-year-old boat captain ultimately survived the incident by swimming approximately two miles to shore.

While it was not clear if the missing sailor, Brian Jeffrey Oliver was checked into a hospital upon finally reaching the shore and walking into a beach resort, Flagler County Sheriff’s deputies on Sept. 6 said he was in “good condition.” The sailboat captain apparently fell overboard when his vessel was hit by a rogue wave around 5 p.m. The vessel is called the Cedar Roost.

According to First Coast News reports, there were two inexperienced sailors aboard the vessel when the Florida boating accident occurred. Coast Guard officials ultimately rescued those boat passengers, whom authorities identified as Finland men 53-year-old Helene Boning and 48-year-old Andries Bannink.

U.S. Coast Guard statistical data concerning recreational boating accidents indicated there were 431 falls overboard reported in 2008. Those incidents resulted in 188 boating deaths and also left an additional 257 accident victims suffering from various injuries. Statistics also suggest that main cause of death related to boat accidents and wrecks is drowning. In 2008, recreational boat accidents resulted in 510 drowning deaths.

Miami Boat Accident Lawyer News: Florida Boater Gets 18-Day Prison Sentence Following Crash That Killed Son, 17

September 2, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— September 2, 2011 – A Clay County man who was charged with reckless boating in connection with the February 2010 crash that claimed the life of his 17-year-old son and another 15-year-old girl has been sentenced to 18 days in jail. According to information provided by News4Jax, as well as previous reports reiterated by the Miami boat accident attorneys of Gerson & Schwartz, 49-year-old Middleburg man Ted Hanner, who pleaded no contest to the misdemeanor charge, will face 11 months of probation upon serving his prison sentence.

Reports indicated Hanner was out on his boat with his son, Travis and his son’s friend Halee Mickey, 15, when the vessel began experiencing mechanical problems. In conducting a full investigation into the fatal boat accident, authorities from the Florida Fish and Wildlife Conservation Commission (FWC) determined that the boat’s controls were in the on-position when Tanner walked about six feet away from them so he could pump a fuel bulb.

When the engine began working again, the boat took an abrupt turn and crashed into an overhanging tree branch, causing both his son and Halee to suffer chest, neck, and head injuries. Both of the teenage crash victims ultimately succumbed to their accident injuries.

According statistics provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC), 668 boat accidents were reported during the year 2010. A total of 79 boating deaths and 389 injuries resulted from those boat crashes and accidents. Furthermore, Florida has the highest number of boating accidents in the nation.

Miami Boating Injury News: Boater Hurt In Jacksonville Accident Remains Hospitalized in Critical Condition

August 31, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—August 31, 2011 – A Florida boater was hospitalized with critical injuries sustained in a recent boating accident that occurred in the St. John’s River in Jacksonville. According to information provided by News4Jax, investigators from the Florida Fish and Wildlife Conservation Commission (FWC) believed the 66-year-old accident victim was the only person aboard the vessel when it capsized on the afternoon of August 29.

With the apparent intention of enjoying a summer afternoon fishing, boater Rodney Abernathy anchored his small boat next to the Fuller Warren Bridge in the St. Johns River. Unfortunately, the boat’s propeller was fouled during a forceful outgoing tide (ebb tide) at some point that afternoon.

The prop foul seemingly forced the watercraft’s stern to face the waves and take on water before ultimately capsizing and sinking. At approximately 5 p.m., Jacksonville Sheriff’s Office marine officers found Abernathy in close proximity to the nearby Acosta Bridge.

The Jacksonville man, who was unconscious when rescue personnel found him in the water, was ultimately rushed to Baptist Medical Center. The injured accident victim remains hospitalized in critical condition. The extent of his injuries remained undisclosed.

As previously mentioned, authorities appeared to believe Abernathy was the sole individual involved in the Florida boating accident. According to Lt. John Conboy, of the FWC, “We had a search for the possibility of a second person, but once we got some eyewitness accounts, they believe there was only one person on board the vessel.”

Statistical data provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC) indicated 668 boat accidents occurred during the year 2010. Those boat crashes and accidents resulted in 79 boating deaths and 389 injuries. Statistics suggest Florida has more boating accidents than any other state in the nation.

Miami Boat Accident Lawyer News: Boat Capsizes in North Florida; 1 Dead, 9 Others Hurt

August 23, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—A 42-foot vessel overturned on the Homosassa River in North Florida on August 21, killing one person and leaving nine additional accident victims injured. According to information provided by Tampa Bay Online, the violent boat crash occurred in Citrus County and is being investigated by authorities from the Florida Fish and Wildlife Conservation Commission (FWC).

Police and witness reports suggested 48-year-old GMC car dealership owner Robert Wade Phillips was operating his offshore fishing boat, the Contender, in the Homosassa River when it capsized and flipped for unknown reasons. The Hermosa Springs man was sadly killed in the boating accident.

Phillips’ wife, 43-year-old April Phillips, along with his two kids, 18-year-old Wade and 15-year-old Asten, suffered unspecified injuries in the boat wreck. Officials identified the remaining accident victims as 19-year-old Rebecca Anderson, 20-year-old Peyton Valls, 16-year-old Samantha Pauley, 17-year-old Delaney Jean Owens, 47-year-old Reid Paul Callahan, and 57-year-old Lester Kemp. They were rushed to local hospitals to be treated for their wounds. The extent of the surviving victims’ injuries was not clear.

Although it also remained unclear whether the victims were wearing life jackets at the time of the wreck, boating safety advocates and boat accident attorneys, such as the Miami injury lawyers of Gerson & Schwartz, have long supported the use of life jackets to protect boat operators and their passengers from serious harm. According to the National Safe Boating Council, about 84 percent of drowning deaths could have been prevented if the victims would have chosen to wear a life jacket, otherwise known as a personal flotation device (PFD).

The FWC is expected to conduct a full probe into the fatal boating accident.