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 · Fernandez’s boat deadliest occurred within 12 hours.

Photo: Miami-Dade County fire rescue

Florida Marlins pitcher Jose · Fernandez and two others die in boating accident

The Florida Marlins’ pitcher Jose Fernandez is one of three people who died Sunday morning in a boating accident off Miami Beach. Miami-Dade Fire Rescue responded to a report of a 30-foot boat that crashed into the north jetty of the Government Cut inlet. Fire Rescue Chief, Todd Garofalo, stated that an “initial search [found] three victims – two on top of the water, one underneath the boat…” The identities of the other victims have not been released. Details on how the boat ended up on the jetty and who was the operator are unknown at this time. Government Cut is the main waterway connecting the Port of Miami to the Atlantic Ocean. Fernandez was a 2011 first-round draft pick of the Marlins and was selected to play in the National League All-Star game in his rookie season.

Florida Marlins pitcher Jose · Fernandez and two others die in boating accidentFlorida Marlins pitcher Jose · Fernandez was in Miami Beach on Sunday morning in a boating accident near one of the three men. Miami-Dade fire and rescue respond to hit Government cuts the entrance North Pier 30-foot ship reports. Fire and rescue Chief, tuodejia said, “initial search [find] three-two of the victims to the surface a bottom……” do not publish the identity of the other victims. At this time, the boat at the end of the dock and who was the operator’s details are unknown. Cut is the main waterway of Miami port is connected to the Atlantic Ocean. Fernandez is a 2011 first-round draft pick of the Marlins and was selected to the National League all star game in his rookie season.

Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill Accident

A second crewmember has died from the July 20th incident wherein a lifeboat fell from the NCL operated Norwegian Breakaway while docked at Kings Wharf, Bermuda. As previously reported by The Maritime Law Blog, four crewmembers fell into the water when a lifeboat they were manning during a drill broke from its tether. Four of the crewmembers were taken to an area hospital were Diogenes Carpio died from his injuries. One of there other crewmembers, Ben Buenaventura, who was a waiter aboard the Norwegian Breakaway, was medevaced to Jackson Memorial Hospital in Miami wherein he was admitted into the intensive care unit. It was reported that Mr. Buenaventura suffered a traumatic brain injury along with fractured legs, hip and right arm. After spending over a month in intensive care, Mr. Buenaventura succumbed to his injuries.

Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill AccidentA second crewmember has died from the July 20th incident wherein a lifeboat fell from the NCL operated Norwegian Breakaway while docked at Kings Wharf, Bermuda. As previously reported by The Maritime Law Blog, four crewmembers fell into the water when a lifeboat they were manning during a drill broke from its tether. Four of the crewmembers were taken to an area hospital were Diogenes Carpio died from his injuries. One of there other crewmembers, Ben Buenaventura, who was a waiter aboard the Norwegian Breakaway, was medevaced to Jackson Memorial Hospital in Miami wherein he was admitted into the intensive care unit. It was reported that Mr. Buenaventura suffered a traumatic brain injury along with fractured legs, hip and right arm. After spending over a month in intensive care, Mr. Buenaventura succumbed to his injuries.

NCL is not the only cruise line that had a fatal lifeboat drill in recent months. On September 13th, a seaman died when a lifeboat fell from Royal Caribbean’s Harmony of the Seas while calling on Marseilles, France.

Photo Credit: The Royal Gazette

Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill Accident Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill Accident Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill Accident Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill Accident

Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour Company

We often write about personal watercraft rental and tour companies liability. Unlike most other rental businesses, the Florida legislator and Florida’s Fish and Wildlife Conservation Commission have imposed certain regulations requiring these companies to provide specific instruction to their customers before allowing them on the water. Penalties for violating such statutes including a finding that any pre-injury release and wavier of liability signed by the renter to be null and void and a finding that the rental company is presumably at fault for the accident. Recently, a Federal Court was asked to rule as a matter of law whether a personal watercraft rental and tour company’s alleged statutory violations rendered its pre-injury release and waiver of liability unenforceable and whether the company was to be presumed at fault for the accident resulting in two of its customers to be air-lifted to the hospital.

Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour CompanyWe often write about personal watercraft rental and tour companies liability. Unlike most other rental businesses, the Florida legislator and Florida’s Fish and Wildlife Conservation Commission have imposed certain regulations requiring these companies to provide specific instruction to their customers before allowing them on the water. Penalties for violating such statutes including a finding that any pre-injury release and wavier of liability signed by the renter to be null and void and a finding that the rental company is presumably at fault for the accident. Recently, a Federal Court was asked to rule as a matter of law whether a personal watercraft rental and tour company’s alleged statutory violations rendered its pre-injury release and waiver of liability unenforceable and whether the company was to be presumed at fault for the accident resulting in two of its customers to be air-lifted to the hospital.

The Accident

A mother and daughter paid for a Yamaha WaveRunner tour around Key West conducted by Sunset Waverunner Tours, Inc. Shortly after leaving the starting point, the daughter, with her mother in the passenger seat, drove the WaveRunner into a mangrove forest. The two suffered significant personal njuries and were medevaced to Jackson Memorial Hospital in Miami.

Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour Company Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour Company Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour Company Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour Company

Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident

One crew member was killed and four others were injured-two critically, after a lifeboat became detached and fell from the fifth deck of the Royal Caribbean Harmony of the Seas during a security drill while the ship was docked in Marseille, France. The lifeboat is estimated to have fallen from a height of approximately 32 feet with the five men inside of it. The man killed is reportedly a 42-year-old man from the Philippines.

Royal Caribbean Crew Member Killed and Four Injured in Safety Drill AccidentOne crew member was killed and four others were injured-two critically, after a lifeboat became detached and fell from the fifth deck of the Royal Caribbean Harmony of the Seas during a security drill while the ship was docked in Marseille, France. The lifeboat is estimated to have fallen from a height of approximately 32 feet with the five men inside of it. The man killed is reportedly a 42-year-old man from the Philippines.

The Harmony of the Seas is the world‘s largest cruise ship at 1,188 feet from bow to stern it is longer than the Eiffel Tower. The ship is cruising the Mediterranean and is expected to continue its sail to Naples, Italy.

Earlier this year, we reported on a similar accident that occurred aboard the Norwegian Breakaway, which resulted in the death of a crew member and injuries to three other crew members.

Sources and Photo Credit:

Harmony of the Seas Death: One Person Killed and Four Injured after Accident on World’s Biggest Cruise Liner, Independent, September 13, 2016.
Royal Caribbean Crew Member Dies and Four Others Injured During Lifeboat Drill on Harmony of the Seas
, Royal Caribbean Blog, September 13, 2016.
Harmony of the Seas accident: One Dead, Four hurt in Lifeboat Crash, BBC News, September 13, 2016.

Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident

Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident

Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident

One crew member was killed and four others were injured-two critically, after a lifeboat became detached and fell from the fifth deck of the Royal Caribbean Harmony of the Seas during a security drill while the ship was docked in Marseille, France. The lifeboat is estimated to have fallen from a height of approximately 32 feet with the five men inside of it. The man killed is reportedly a 42-year-old man from the Philippines.

Royal Caribbean Crew Member Killed and Four Injured in Safety Drill AccidentOne crew member was killed and four others were injured-two critically, after a lifeboat became detached and fell from the fifth deck of the Royal Caribbean Harmony of the Seas during a security drill while the ship was docked in Marseille, France. The lifeboat is estimated to have fallen from a height of approximately 32 feet with the five men inside of it. The man killed is reportedly a 42-year-old man from the Philippines over 40 singles cruise.

The Harmony of the Seas is the world‘s largest cruise ship at 1,188 feet from bow to stern it is longer than the Eiffel Tower. The ship is cruising the Mediterranean and is expected to continue its sail to Naples, Italy.

Earlier this year, we reported on a similar accident that occurred aboard the Norwegian Breakaway, which resulted in the death of a crew member and injuries to three other crew members.

Sources and Photo Credit:

Harmony of the Seas Death: One Person Killed and Four Injured after Accident on World’s Biggest Cruise Liner, Independent, September 13, 2016.
Royal Caribbean Crew Member Dies and Four Others Injured During Lifeboat Drill on Harmony of the Seas
, Royal Caribbean Blog, September 13, 2016.
Harmony of the Seas accident: One Dead, Four hurt in Lifeboat Crash, BBC News, September 13, 2016.

Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident Royal Caribbean Crew Member Killed and Four Injured in Safety Drill Accident

German River Cruise Ship Allides with Bridge Killing Two Crew Member

A German River Cruise ship traveling from Erlangen, Germany to Budapest, Hungary with 181 passengers and 47 crewmember onboard struck a low bridge killing two officers navigating the ship from the retractable wheelhouse. According to news reports, the Viking Freya, has a retractable wheelhouse that may be lowered for the ship to pass below low bridges. It appears that at the time of the accident, the wheelhouse was not retracted in time and it allided with the bridge in Erlangen. The two officers were in the wheelhouse and died due to the injuries suffered during the allission. The men killed were 49 and 33 years old and were Hungarian. We extend our deepest sympathies to their families and loved ones.

German River Cruise Ship Allides with Bridge Killing Two Crew Member
A German River Cruise ship traveling from Erlangen, Germany to Budapest, Hungary with 181 passengers and 47 crewmember onboard struck a low bridge killing two officers navigating the ship from the retractable wheelhouse. According to news reports, the Viking Freya, has a retractable wheelhouse that may be lowered for the ship to pass below low bridges. It appears that at the time of the accident, the wheelhouse was not retracted in time and it allided with the bridge in Erlangen. The two officers were in the wheelhouse and died due to the injuries suffered during the allission. The men killed were 49 and 33 years old and were Hungarian. We extend our deepest sympathies to their families and loved ones.

Rescue workers evacuated the passengers and crew members and transported them to local hotels. The cruise line is giving passengers the option to continue cruising on a modified itinerary or to return home.

Viking and local authorities continue to investigate to find out what happened.

Sources and Photo Credit:

REUTERS/Michaela Rehle

Cruise Ship Crashes Into Bridge in Germany, Killing Two Crew, The Telegraph, September 12, 2016.

Two Crew Killed as Viking River Cruise Ship Wheelhouse Hits Low Bridge in Germany, GCaptain, September 11, 2016.

Two Dead After Cruise Ship Hits Bridge at Night, Metro, September 11, 2016.

German River Cruise Ship Allides with Bridge Killing Two Crew Member German River Cruise Ship Allides with Bridge Killing Two Crew Member German River Cruise Ship Allides with Bridge Killing Two Crew Member German River Cruise Ship Allides with Bridge Killing Two Crew Member

Germany River Cruise boat Allides bridge killed two crew members

A German River Cruise ship traveling from Erlangen, Germany to Budapest, Hungary with 181 passengers and 47 crewmember onboard struck a low bridge killing two officers navigating the ship from the retractable wheelhouse. According to news reports, the Viking Freya, has a retractable wheelhouse that may be lowered for the ship to pass below low bridges. It appears that at the time of the accident, the wheelhouse was not retracted in time and it allided with the bridge in Erlangen. The two officers were in the wheelhouse and died due to the injuries suffered during the allission. The men killed were 49 and 33 years old and were Hungarian. We extend our deepest sympathies to their families and loved ones.

Germany River Cruise boat Allides bridge killed two crew members
There are 181 passengers and 47 crew members on board hit from Germany Erlangen to Budapest Hungary travel Germany River Cruise boat ship navigation bridge killed two officers from the lower telescopic cab. According to press reports, the Greenland Norse Freya, has the potential to lower the ship through the following low-bridge expansion cab over 40 singles. It seems that at the time of the accident, cab does not recover in time and it allided and Erlangen bridge. The two officers in the cab, died of injuries suffered during the allission period. Killed was 49, 33 years old, Hungary. Our deepest sympathies to their families and loved ones.

Rescue workers evacuated the passengers and crew to transport them to local hotels. Cruise line passengers continued on a modified schedule cruise or return to their homes.

The Viking and local authorities to continue the investigation to find out what happened.

Source and photo credit:

Reuters/Michaela Rehle

Bridge in Germany, killing two crew members, the Telegraph, September 12, 2016, cruise ship crashes.

Two crew members were killed as a Viking River cruise ship cabins hit the low bridge in Germany, GCaptain,2016 September 11.

Cruise ship hits bridge in the evening after the two deaths, Metro, September 11, 2016.

Germany River Cruise boat Allides bridge killed two crew members

NCL Denied Summary Judgment in a Cabin Bathroom Slip and Fall Personal Injury Lawsuit

This case involves a passenger aboard NCL’s Norwegian Jewel cruise ship who allegedly slipped and fell in her handicapped accessible cabin’s bathroom. The lawsuit filed in Miami, Florida Federal Court alleges that water backed up into the bathroom causing the floor to be unreasonably slippery. The complaint goes on to claim that when the passenger walked into her cabin’s bathroom, she slipped and fell suffering an ankle injury. The passenger, after filing the lawsuit, passed away and her husband, as administrator of her estate, was substituted as the Plaintiff.

NCL Denied Summary Judgment in a Cabin Bathroom Slip and Fall Personal Injury LawsuitThis case involves a passenger aboard NCL’s Norwegian Jewel cruise ship who allegedly slipped and fell in her handicapped accessible cabin’s bathroom. The lawsuit filed in Miami, Florida Federal Court alleges that water backed up into the bathroom causing the floor to be unreasonably slippery. The complaint goes on to claim that when the passenger walked into her cabin’s bathroom, she slipped and fell suffering an ankle injury. The passenger, after filing the lawsuit, passed away and her husband, as administrator of her estate, was substituted as the Plaintiff.

To establish a negligence claim under maritime law the plaintiff must show: (1) that the cruise line owed plaintiff a duty; (2) that defendant breached that duty; (3) that this breach was the proximate cause of plaintiff’s injury; and (4) that plaintiff suffered damages. NCL asked the Court to dismiss the lawsuit arguing that a reasonable jury cannot find that it was negligent in causing the slip and fall accident. Under maritime law, to be found negligence for a transient hazardous condition such as water on the floor, the plaintiff must prove that the cruise line knew or should have known of the condition and had an opportunity to correct it before the accident. The cruise line argued that there was no evidence that it had notice of water on the bathroom’s floor or any condition that could have led to the accident. Countering NCL’s argument, the passenger’s husband presented evidence that the cruise line knew that guest bathrooms had flooded in the past including five prior reports concerning the subject bathroom.

NCL Denied Summary Judgment in a Cabin Bathroom Slip and Fall Personal Injury Lawsuit NCL Denied Summary Judgment in a Cabin Bathroom Slip and Fall Personal Injury Lawsuit NCL Denied Summary Judgment in a Cabin Bathroom Slip and Fall Personal Injury Lawsuit NCL Denied Summary Judgment in a Cabin Bathroom Slip and Fall Personal Injury Lawsuit

NCL denied in cabin bathroom slip and fall personal injury litigation summary judgment

This case involves a passenger aboard NCL’s Norwegian Jewel cruise ship who allegedly slipped and fell in her handicapped accessible cabin’s bathroom. The lawsuit filed in Miami, Florida Federal Court alleges that water backed up into the bathroom causing the floor to be unreasonably slippery. The complaint goes on to claim that when the passenger walked into her cabin’s bathroom, she slipped and fell suffering an ankle injury. The passenger, after filing the lawsuit, passed away and her husband, as administrator of her estate, was substituted as the Plaintiff.

NCL denied in cabin bathroom slip and fall personal injury litigation summary judgmentCase involving allegedly slipped and fell on her disability access cabin bathroom NCL’s Norway Jewel cruise ship’s passengers. Petitions submitted in Federal Court in Miami, Florida said caused by pouring water into the bathroom floor was not reasonably smooth. Complaint goes on to claim that, when passengers walk into her cottage bathroom, she slipped and fell to an ankle injury. Passengers later sued, died and her husband, her estate administrator, was substituted as plaintiff.

To establish negligence claims under maritime law the plaintiff must prove that: (1) cruise lines owes the plaintiff’s responsibility; (2) the defendant breached this obligation; (3), the destruction is the cause of injury to the plaintiff, and (4) the plaintiff suffered damage. NCL asking the Court to dismiss the lawsuit argued, a reasonable jury found it was caused by the negligence of sliding and collapse. Under maritime law, hoping to find negligence risk of transient conditions, such as water on the floor, the plaintiff must prove that the cruise line knows or should have known of the condition, has had opportunities to correct before the accident. Cruise line believes that there was no evidence, its water notice on the bathroom floor or any conditions that may have led to the accident. Passenger’s husband argument against NCL, cruise line know the guest bathroom flooded in the past including proposed evidence in a prior report on the theme of the five bathrooms Truth About Six Pack Abs.

NCL denied in cabin bathroom slip and fall personal injury litigation summary judgment