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

Boating Accident in Indian River Lagoon Sends Four People to the Hospital

Four people were hospitalized late Thursday night after the boat they were traveling in struck a sand bar at channel marker 85 in the Indian River Lagoon around 11:20 p.m. One person was treated at Holmes Regional Medical Center in Melbourne, Florida. The other three individuals were treated at Sebastian river Medical Center in Sebastian, Florida. The Florida Fish and Wildlife Conservation Commission is still investigating the cause of the crash. The identities and condition of the people involved have not been released. We will continue to monitor and update this story as more information is known.

Boating Accident in Indian River Lagoon Sends Four People to the HospitalFour people were hospitalized late Thursday night after the boat they were traveling in struck a sand bar at channel marker 85 in the Indian River Lagoon around 11:20 p.m. One person was treated at Holmes Regional Medical Center in Melbourne, Florida. The other three individuals were treated at Sebastian river Medical Center in Sebastian, Florida. The Florida Fish and Wildlife Conservation Commission is still investigating the cause of the crash. The identities and condition of the people involved have not been released. We will continue to monitor and update this story as more information is known.

Just last month, Florida Marlins superstar pitcher Jose Fernandez and two of his friends, Eddy Rivero and Emilio Macias died when the boat owned by Fernandez, crashed into a jetty sometime before 3:00 a.m. These accidents highlight the danger of boating after dark. Most boats are not equipped with headlights thus increasing the likelihood of crashing with a fixed object. Additionally, most channel markers and other navigational aids have no lighting attached. Boaters intending to travel at night are recommended to have their own lights, such as handheld marine-grade spotlights.

Sources and Photo Credit:

Alex Boerner/Scripps Treasure Coast Newspapers St. Lucie County.


Details Emerge on Jose Fernandez’s Last Night
, USA Today, September 27, 2016.

Miami Tragedy: Boating After Dark is a Different World, TCPalm, September 29, 2016.

Four Injured in Indian River County Boating Accident Late Thursday, TCPalm, October 21, 2016.

Boating Accident in Indian River Lagoon Sends Four People to the Hospital Boating Accident in Indian River Lagoon Sends Four People to the Hospital Boating Accident in Indian River Lagoon Sends Four People to the Hospital Boating Accident in Indian River Lagoon Sends Four People to the Hospital

24 Year-Old Jet Skier Killed in Crash Off Captiva Island

A 24-year-old man identified as Hector Santiago was killed on Monday night when the Jet Ski he was riding crashed into a piling, ripping off the handlebars and throwing him into the water. Rescue personnel searched for the man for 30 minutes before he was located. Unfortunately, by then, efforts to revive him were unsuccessful. The crash occurred near South Seas Island Resort; Florida Fish and Wildlife officers could not confirm whether Mr. Santiago and his girlfriend, whom he was vacationing with, were guests at the resort but did confirm that the Jet Ski was rented.

24 Year-Old Jet Skier Killed in Crash Off Captiva IslandA 24-year-old man identified as Hector Santiago was killed on Monday night when the Jet Ski he was riding crashed into a piling, ripping off the handlebars and throwing him into the water. Rescue personnel searched for the man for 30 minutes before he was located. Unfortunately, by then, efforts to revive him were unsuccessful. The crash occurred near South Seas Island Resort; Florida Fish and Wildlife officers could not confirm whether Mr. Santiago and his girlfriend, whom he was vacationing with, were guests at the resort but did confirm that the Jet Ski was rented.

No information is yet known on where the man rented the Jet Ski from or at what time but pursuant to Florida law, a person may not operate a personal watercraft at any time between the hours from one-half hour after sunset to one-hour before sunrise. Based on the time the accident took place, it appears that the Jet Ski was rented in violation of Florida law.

Investigation into this accident is ongoing and we will continue to update this story as we learn more information. We extend our sympathies to Mr. Santiago’s family and loved ones.

Sources:
Victim Identified in Captiva Jet Skiing Accident, nbc-2, October 11, 2016.
1 Dead After Jet Ski Crash off Captiva, wink news, October 10, 2016.

24 Year-Old Jet Skier Killed in Crash Off Captiva Island 24 Year-Old Jet Skier Killed in Crash Off Captiva Island 24 Year-Old Jet Skier Killed in Crash Off Captiva Island 24 Year-Old Jet Skier Killed in Crash Off Captiva Island

Biscayne Bay boating accident sends one person to the hospital

A boating accident in south Biscayne Bay sends one boater to the hospital. It is being reported that at 2:20 p.m. on Sunday, September 26th, Miami-Dade Fire Rescue crews were called to a boating accident scene where one person was significantly injured. The incident happened in Biscayne Bay National Park near Elliot Key to the east and approximately 5 miles from Turkey Point to the west. On scene, Fire Rescue assessed the injured person as a trauma alert and called for a medical evacuation air team. Fire Rescue assisted with hoisting the victim onto a helicopter. The boater was taken to a local trauma center and is currently listed in critical condition. Though the accident involved only one boat, it is unknown if the vessel struck an object or ran aground. A local salvage company towed the vessel back to Black Point Marina. Other passengers were taken off by other boats in the area before Fire Rescue arrived. None of the other passengers were hurt. This accident occurred within in 12 hours of the boating fatality of Florida Marlins pitcher Jose Fernandez.

Biscayne Bay boating accident sends one person to the hospitalIn a boating accident in southern Biscayne Bay a straw hat to the hospital. It was reported that afternoon at 2:20 on Sunday, September 26, Miami-Dade County fire rescue workers were called to the boating accident scene apparently wounded one person. Events near Elliott Key Biscayne Bay National Park from the East about 5 miles from the Turkey to the West. At the scene, fire rescue assessment as a trauma alert the injured man and called for medical evacuation air team. Fire and rescue helicopters on the secondary hoisting victims. Boatman was taken to a local emergency Center and is currently listed in critical condition. Despite the accident involved only one ship, it is unknown if the attack objects or stuck. Coastal vessels at a local salvage company towed back to black. Other passengers were taken by the other vessels in the area, the fire until help arrives. No other passengers were injured. The accident in Florida Marlins pitcher Jose ยท Fernandez’s boat deadliest occurred within 12 hours.

Photo: Miami-Dade County fire rescue

Air crew members taken from the Ruby Princess Cruises

A 47-year-old crew member of the Ruby Princess cruise ship was airlifted during the early hours of Saturday morning by the U.S. Coast Guard after reports that he was having symptoms of a heart attack.

Air crew members taken from the Ruby Princess CruisesRuby Princess cruise, a 47-year old crew was flown during the early hours of Saturday morning by United States Coast Guard after he had symptoms of heart problems reported.

Cruise ship report is located approximately 9 miles southwest of Los angles, San Diego … Crew members on the helicopter in the morning at about 2:00 suspension, was sent to the EMS waited to take him to the University of California, San Diego, San Diego health-Hillcrest Hospital. The human condition is unknown at this time, but we wish him a speedy recovery.

Source and photo credit:

Carrying 47 men from the age of the Coast Guard patrol boat 9 miles southwest of Los angles, United States sailor, September 24, 2016.

From Princess Cruises, cruise the hive, on September 25, 2016 for the crew.

Ruthdaniel3444 (Creative Commons)