1 P&O Cruise Passenger Killed and 9 Others Injured in Bus Collision During Shore Excursion

A British passenger traveling on board the P&O Cruises ship Azura was killed last Wednesday as a result of a collision involving a bus operated by a shore excursion provider in the island of Dominica. Nine other passengers of the twelve passengers traveling on the bus were also injured as a result of the accident. They were treated at local hospitals and most have been discharged since. The cause of the accident is not yet known.

1 P&O Cruise Passenger Killed and 9 Others Injured in Bus Collision During Shore Excursion
A British passenger traveling on board the P&O Cruises ship Azura was killed last Wednesday as a result of a collision involving a bus operated by a shore excursion provider in the island of Dominica. Nine other passengers of the twelve passengers traveling on the bus were also injured as a result of the accident. They were treated at local hospitals and most have been discharged since. The cause of the accident is not yet known.

The Azura ship set sail from Southampton on October 28, 2016 with more than 3,000 passengers on board.

Sources and Photo Credit:

British Cruise Ship Passenger Dies in Bus Crash
, BBC News, November 10, 2016.
Dominica News Online

1 P&O Cruise Passenger Killed and 9 Others Injured in Bus Collision During Shore Excursion 1 P&O Cruise Passenger Killed and 9 Others Injured in Bus Collision During Shore Excursion 1 P&O Cruise Passenger Killed and 9 Others Injured in Bus Collision During Shore Excursion 1 P&O Cruise Passenger Killed and 9 Others Injured in Bus Collision During Shore Excursion

Woman Seriously Injured in Boating Crash in Black Creek Clay County Florida

A woman was seriously injured when the Boston Whaler boat she was a passenger in hit an overhanging tree branch at approximately 30 mph while traveling around a bend in Black Creek, a 13-mile-long tributary of the St. Johns River in Clay County, Florida. Three other passengers of the boat also sustained injuries, one of them requiring hospitalization. The two passengers that were hospitalized were in the back of the boat at the time of the crash. According to the operator of the boat, Charles Spiegel, upon coming around the bend he encountered an overhanging tree branch and he “cut it hard and broadsided the tree branch.” Both passengers transported to the hospital were alert when they were being taken to Orange Park Medical Center. However, they were reportedly in a lot of pain. The Clay County Sheriff’s Department is assisting the Florida Fish and Wildlife Conservation Commission in investigating this accident.

Woman Seriously Injured in Boating Crash in Black Creek Clay County FloridaA woman was seriously injured when the Boston Whaler boat she was a passenger in hit an overhanging tree branch at approximately 30 mph while traveling around a bend in Black Creek, a 13-mile-long tributary of the St. Johns River in Clay County, Florida. Three other passengers of the boat also sustained injuries, one of them requiring hospitalization. The two passengers that were hospitalized were in the back of the boat at the time of the crash. According to the operator of the boat, Charles Spiegel, upon coming around the bend he encountered an overhanging tree branch and he “cut it hard and broadsided the tree branch.” Both passengers transported to the hospital were alert when they were being taken to Orange Park Medical Center. However, they were reportedly in a lot of pain. The Clay County Sheriff’s Department is assisting the Florida Fish and Wildlife Conservation Commission in investigating this accident.

Black Creek is a winding creek known by locals as a difficult area to navigate with many sharp turns. In 2011, Black Creek was the site of a fatal boat crash that resulted in the death of two teenagers. Reportedly, the operator of the boat left control of the boat to pump the fuel bulb when the boat veered into the north bank and crashed into a tree three feet off the water. The operator of the boat and father of one of the deceased passengers was charged with reckless boating.

Sources:

Man, Woman Injured When Boat Hits Tree on Black Creek, news4jax, November 2, 2016
Father Sentenced to Time Served in Deadly Clay County Boat Accident, Jacksonville news August 30, 2011

Woman Seriously Injured in Boating Crash in Black Creek Clay County Florida Woman Seriously Injured in Boating Crash in Black Creek Clay County Florida Woman Seriously Injured in Boating Crash in Black Creek Clay County Florida Woman Seriously Injured in Boating Crash in Black Creek Clay County Florida

Civil Liablity in the Jose Fernandez Boat Accident Case

It has been a month since Florida Marlins’ pitcher Jose Fernandez and his friends Eduardo Rivero and Emilio Macias lost their lives in a tragic boating accident in Miami Beach. Shortly after the tragedy, law enforcement reported the boat involved in the crash with the north jetty of Government Cut did not belong to Fernandez. It was later confirmed that Fernandez did, in fact, own the vessel. It has been also confirmed that hours before the accident, Fernandez was drinking at American Social, a Miami area restaurant and bar. A toxicology report recently released indicates that Fernandez had a blood alcohol level of 0.147 which is nearly twice Florida’s legal boating limit of 0.08. The same toxicology report concluded that he also cocaine in his system. Though Fernandez was legally intoxicated, it is now being suggested that he was not operating the boat at the time of the accident. This theory is based upon a witness telling law enforcement that he was on the phone with Fernandez near the time the boat struck the jetty.

Civil Liablity in the Jose Fernandez Boat Accident CaseIt has been a month since Florida Marlins’ pitcher Jose Fernandez and his friends Eduardo Rivero and Emilio Macias lost their lives in a tragic boating accident in Miami Beach. Shortly after the tragedy, law enforcement reported the boat involved in the crash with the north jetty of Government Cut did not belong to Fernandez. It was later confirmed that Fernandez did, in fact, own the vessel. It has been also confirmed that hours before the accident, Fernandez was drinking at American Social, a Miami area restaurant and bar. A toxicology report recently released indicates that Fernandez had a blood alcohol level of 0.147 which is nearly twice Florida’s legal boating limit of 0.08. The same toxicology report concluded that he also cocaine in his system. Though Fernandez was legally intoxicated, it is now being suggested that he was not operating the boat at the time of the accident. This theory is based upon a witness telling law enforcement that he was on the phone with Fernandez near the time the boat struck the jetty.

Who is Responsible

Though this the accident occurred on a private boat mere yards from shore, a civil case concerning who is labile will be governed by maritime law. Maritime law is an amalgamation of decisional law dating back to ancient Greece supplemented, at times, by non-conflicting state law. From the facts known to date, there are four potential sources of liability: the boat owner, the boat operator, the alcohol server and the government.

Civil Liablity in the Jose Fernandez Boat Accident Case Civil Liablity in the Jose Fernandez Boat Accident Case Civil Liablity in the Jose Fernandez Boat Accident Case Civil Liablity in the Jose Fernandez Boat Accident Case