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Articles Tagged with “Florida Boat Accident Lawyer”

Danny-Pena.jpgNews outlets are reporting that Daniel Pena, a 33-year-old-man from the Lantana area, was knocked off his boat after making contact with a large wake cast from a passing boat in the Intracoastal Waterway. After entering the water, Pena’s boat ran him over and the propeller of the outboard engine struck his head. The incident caused Pena to lose all his teeth and part of his tongue. He remains in intensive care at Delray Medical Center and his doctors opine that his injuries will require at least 20 rounds of reconstructive surgeries to his skull, mouth, nose and cheeks. He will be transferred to Jackson Memorial Hospital to undergo the additional surgeries.

Pena had his nephews, Daniel and David Garza, of West Palm Beach, ages 29 and 26, respectively, and their friend aboard his 18 foot center console Mako flats boat. Daniel Garza entered the water to save his uncle and pulled him back on to the boat. While rescuing his uncle, Daniel suffered a slight injury. The Florida Fish and Wildlife Conservation Commission is investigating the incident.
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Florida Water Scooter Accident.jpgTwo Pennsylvania tourists died over the weekend when the water scooter they rented collided with a double-decker sightseeing boat in the waters off Clearwater, Florida. Florida Fish and Wildlife Conservation Commission is currently investigating the accident. A spokesperson for the FWC, stated, “There’s no determination of fault until the investigation is complete,”

This incident is the second fatal accident in September involving a water scooter in Florida. Over the Labor Day Weekend Katie Yale of Seminole died in a collision between her inner tube and a personal watercraft. Personal watercraft injuries and fatalities are often caused by the renter’s lack of knowledge regarding safe operation and rules of navigation. It is for this reason, Florida has passed a law requiring personal watercraft rental companies to provide safety instruction and require in-water proficiency demonstration before allowing the craft to be rented. Unfortunately, this does not always occur.

The BBR maritime lawyers are extremely familiar with personal watercraft accidents and have successfully represent victims against rental companies.

Floirda Boat Accident reports a vacationer from Canada nearly lost his leg in a boating accident on January 11, 2012 near Angelfish Creek, off North Key Largo. Thomas N. Davidson, 52, of Ottawa was ejected from a 16′ Dolphin flats boat owned by Tom Davidson, 71, of Key Largo in a side creek off Angelfish Creek. After falling overboard, the boat circled back and ran over the younger Davidson causing severe lacerations to his leg.

The flats boat was observed circling by personal watercraft operators in the area who then noticed the injured Davidson clinging to mangroves. The watercraft riders transported Davidson to the Ocean Reef Club where he was initially treated before being medevaced by helicopter to Miami’s Ryder Trauma Center. The boat later crashed into the nearby mangroves.

Bobby Dube, the officer with the Florida Fish & Wildlife Commission who investigated the boating accident, commented, “This type of accident is a very good reason why boat operators should consider installing a kill-switch on their vessels.” Davidson’s condition is unknown at this time.

Florida Boat Accident Lawyers.jpgBrais & Brais’ maritime lawyers Keith Brais and Richard Rusak were asked by Florida Lawyers Mutual to contribute to an article showcasing the Ship Owner’s Limitation of Liability Act. The Limitation of Liability Act enables vessel owners in certain situations to limit their liability for boating accidents to the vessel’s value. Though intended to encourage American commercial shipping during a time where marine insurance was difficult to obtain, the loose language of the over 150 year law has been recently held to apply to recreational boat accidents. This little known and complicated area of maritime law routinely trips up general practice attorneys prompting Florida Lawyers Mutual, an insurance company specializing in legal malpractice claims, to address the Act in its quarterly publication.

The article entitled THE SHIPOWNERS LIMITATION OF LIABILITY ACT OF 1851: Over 150 Years Old and Still Creating Malpractice Risks for Attorneys discusses various nuances of the Limitation of Liability Act including the time in which a boat owner can invoke the protection of the Act, the shortened statute of limitations an injured person has to bring claim when the boat owner invokes the Act as well as various situations where the Act applies and does not apply.

Attorneys Brais Law Firm are Board Certified by the Florida Bar in the area of admiralty & maritime law and have previously authored a comprehensive article on the Limitation of Liability Act that was presented at the prestigious Southeastern Admiralty Law Institute annual maritime law seminar. Brais & Brais has extensive experience with the Limitation of Liability Act and are routinely engaged by injured parties to represent them when a boat owner invokes the Act’s protections.

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