Appeals Court Closes Courthouse Doors to Injured American Cruise Line Crewmember

A Federal appellate circuit court in Atlanta has ruled that a United States crewmember must arbitrate his personal injury claim. This case involved a lead trumpeter who worked for a Miami, Florida based cruise line based aboard a cruise ship whose home port is Ft. Lauderdale, Florida. At the time of the injury, the cruise ship sailed two routes. A Western Caribbean route which called on Haiti, Jamaica and Mexico and an Eastern Caribbean route which called on the United States Virgin Islands, the Bahamas and St. Maarten. No matter which route the cruise ship took, it always began and concluded the voyage in Ft. Lauderdale.

Appeals Court Closes Courthouse Doors to Injured American Cruise Line CrewmemberA Federal appellate circuit court in Atlanta has ruled that a United States crewmember must arbitrate his personal injury claim. This case involved a lead trumpeter who worked for a Miami, Florida based cruise line based aboard a cruise ship whose home port is Ft. Lauderdale, Florida. At the time of the injury, the cruise ship sailed two routes. A Western Caribbean route which called on Haiti, Jamaica and Mexico and an Eastern Caribbean route which called on the United States Virgin Islands, the Bahamas and St. Maarten. No matter which route the cruise ship took, it always began and concluded the voyage in Ft. Lauderdale.

The crewmember brought his personal injury claim against his cruise line employer alleging that it failed to provide him with adequate medical care as required under the Federal Jones Act and the maritime employer’s obligation to provide an injured seaman with medical care. The crewmember allowed alleged the cruise ship was unseaworthy. The cruise line asked the court to dismiss the lawsuit and compel arbitration pursuant to the employment contract which required that all disputes, “be referred to and resolved exclusively by mandatory binding arbitration pursuant to the United Nations Conventions [sic] on the Recognition and Enforcement of Foreign Arbitral Awards.” The trial court dismissed the lawsuit in favor of arbitration and the crewmember appealed.

Appeals Court Closes Courthouse Doors to Injured American Cruise Line Crewmember Appeals Court Closes Courthouse Doors to Injured American Cruise Line Crewmember Appeals Court Closes Courthouse Doors to Injured American Cruise Line Crewmember Appeals Court Closes Courthouse Doors to Injured American Cruise Line Crewmember

Wounded United States Court of appeals court closes door to cruise lines crew

A Federal appellate circuit court in Atlanta has ruled that a United States crewmember must arbitrate his personal injury claim. This case involved a lead trumpeter who worked for a Miami, Florida based cruise line based aboard a cruise ship whose home port is Ft. Lauderdale, Florida. At the time of the injury, the cruise ship sailed two routes. A Western Caribbean route which called on Haiti, Jamaica and Mexico and an Eastern Caribbean route which called on the United States Virgin Islands, the Bahamas and St. Maarten. No matter which route the cruise ship took, it always began and concluded the voyage in Ft. Lauderdale.

Wounded United States Court of appeals court closes door to cruise lines crewFederal Circuit Court of appeals in Atlanta ruled that United States crews had to arbitration of his claims for personal injury. This case involved lead trumpeter for the Miami, Florida based cruise of its home port of Fort Lauderdale, Florida-based cruise ship. At the time of the injury, patrol boat had sailed two routes. Western Caribbean route, calling on Haiti, Jamaica, and Mexico and called for the United States Virgin Islands, the Bahamas and East of St Maarten Caribbean routes. Regardless of which route cruise, sailing it always starts and ends in Fort Lauderdale.

Cruise lines crew brought him in personal injury claims employers claiming it failed to provide him with proper medical service, under the Federal Jones Act and maritime employers ‘ obligation to provide medical services for injured seafarers requirement. Allow: flight attendants said the cruise ship is not seaworthy. Cruise line asked the Court to dismiss the lawsuit, forcing arbitration in accordance with the contract of employment, require all disputes, “means to solve entirely by mandatory binding arbitration, under the United Nations Convention [sic] to the recognition and enforcement of foreign arbitral awards. Trial court dismissed appeals litigation and arbitration and crew.

Wounded United States Court of appeals court closes door to cruise lines crew

More than 500 passengers and crew members evacuated in Puerto Rico cruise ship fire forces

An America Cruise Ferries cruise ferry combination ship had to evacuate 500 plus passengers due to a fire that started in the ship’s control room and was unable to be put out by ship personnel. According to reports a hose carrying fuel burst open and caught fire. The fire was eventually extinguished but the boat system’s collapsed and the ship was rendered unsafe requiring the evacuation of all passengers and crew members.

More than 500 passengers and crew members evacuated in Puerto Rico cruise ship fire forces
United States mail ferries ferry wheel combined cruise ship to evacuate tourists from 500 + begin in the ship’s control room, not by the officers put out the fire. Reportedly carrying fuel burst pipes open and burst into flames. Fire had at last been put out, but the ship crashes, the ship rendered unsafe requires all passengers and crew evacuated.

Although no one was killed or seriously injured, 24 were hospitalized due to heat stroke and dehydration, many people received treatment. Caribbean fantasy travel from Puerto Rico to the Dominican Republic the Dominican passengers most. Passengers are between 22-Member cycling team, women’s volleyball and boys baseball team.

The ship safely docked in Puerto Rico San Juan port.

Source and photo credit:

Photo: Carlos Giusti/associated press

Cruise ship fire near Puerto Rico San Antonio United States Coast Guard to evacuate passengers, the Wall Street Journal, August 17, 2016.

More than 500 evacuated burns off Puerto Rico, ferry the independent, August 17, 2016.

More than 500 passengers and crew members evacuated in Puerto Rico cruise ship fire forces

Teens injured collision channel tags Jet Ski

A 16 year-old teenager was airlifted yesterday after he was thrown off a jet ski when it struck a channel marker. The teenager was jet skiing near Fred Howard Park in the Intracoastal Waterway. His condition is not known at this time.

Teens injured collision channel tags Jet Ski

After he was thrown off Jet Ski hit the channel tag, a 16-year-olds by air yesterday. The teenager is Jet-Ski the Intracoastal Waterway near fuleidehuohuade Park. At this time do not know his condition.

According to the Florida Fish and Wildlife Conservation Commission, near the straw hat to help get young people help. FWC is currently investigating the accident. We wish the young man soon.

This week alone, this is the second time this type of accident. On Sunday, near the Miami man was killed when he was involved in Julia · Tuttle Causeway are almost the same.

It is important to remember that the individual ships are not equipped with a brake, so operators must be extremely cautious of water, such as channel logos and other objects on the PWCs and boats.

In addition, there are objects that may be encountered when first instinctive response is to let go of the throttle and then put his hand in the other direction, in order to avoid the object. However, necessary for it must be provided in advance of the PWC lift the throttle. Therefore, if a man let go of the throttle, PWC will continue to release throttle toward its people, regardless of the direction people move address bar.

We strongly recommend that no person engaged in recreational boating or water sports to get this kind of training before the event. It can be the difference between life and death.

Source:

Good Samaritan pulling the injured out of the water, young August 2, 2016 were rushed to hospital by helicopter, ABC News, Jet Ski.

Teens injured collision channel tags Jet Ski

A private ship man killed in accident

A man was killed Sunday, July 31, 2016 when the personal watercraft he was operating slammed into a channel marker causing him to be thrown off the vessel and to hit the marker. Two women riding with him were also thrown off the watercraft. The accident occurred near Picnic Island, south of the Julia Tuttle Causeway. All three persons involved were rushed to Jackson Memorial Hospital where the man was pronounced dead. One of the women sustained serious injuries to one of her legs. The other woman suffered bruises and has already been released from the hospital.

A private ship man killed in accidentSunday, a man was killed on July 31, 2016, when his personal ship operation vessels hit caused him to be thrown, and marking the channel tag. Two women riding with him were thrown off boats. Accidents in the South, Julia · Tuttle Causeway near the island for a picnic. Covered by all three people were taken to Jackson Memorial Hospital where the man was pronounced dead. One of the women to a serious leg injury. Another woman suffered bruising and had been released from the hospital.

According to the Florida Fish and Wildlife Commission, was going in circles at high speed to the speed of a man, he lost control of the Jet-Ski channel tags. FWC officials continue to investigate the accident.

Us to his family and a speedy recovery to the injured two women’s deepest condolences.

Florida boating safety laws and making the difference according to the age of the different individual ship living conditions, and who have a ship or rent from the first suit. However, we strongly urge the participation of any person to operate a personal watercraft boating safety courses and understand the navigation rules, reckless operation, environmental issues, propulsion, steering and so on.

Source:

Private ship accidents in the picnic Island leaves 1 dead, 2 injured, Miami Herald, July 31, 2016.

1 dead, 2 person boat were injured in the accident in Miami, WSVN 7 news, July 31, 2016.

A private ship man killed in accident

NCL crew members died and rescue boat drill

During a routine safety training drill in Bermuda four crew members of the Norwegian Breakaway were injured when the rescue boat they were lowering into the water as part of the drill broke from its tethering and was left hanging by a wire. The four men fell into the water and sustained injuries. The men were treated by ship’s medical staff and transferred to a local hospital, where one of the men passed away.

NCL crew members died and rescue boat drill
During routine security training exercise in Norway separate Bermuda four crew members when the ship they were lowered into the water in part of the exercise from the tethering broke through a wire hanging. Four men, fell into the water and was injured. Men were the ship’s medical staff treated and transferred to a local hospital, where one died.

Authorities were investigating the incident. The ship is expected to be from the Bermuda plan and return travel to New York on July 24.

We extend our sincere condolences to the families of the crew, and three crew injured a speedy recovery.

Crew and the heritage of the late crew negligence claims under the Jones Act is possible. Jones Act provisions on defective or dangerous condition, the employer knows or should know of a sailor’s employer’s liability. In addition, members of the crew and the estate of the deceased crew members may claim doctrine of unseaworthiness, require the owner to remain seaworthy ships or vessels is free of unreasonable risk and/or unsafe conditions. In addition to these claims, claims for maintenance and cure injured crew members. Regardless of fault, due to illness or injury during their employment of seafarers are entitled to maintenance, cure, and wages for doing nothing. Maintenance refers to the sailor and reasonable accommodation expenses while ashore, until he or she is fit for duty or reached maximum medical improvement. Unearned wages are the sailor would have earned the wages have not become his illness or injury, for the purposes of the voyage. Finally, the cure, refers to the rehabilitation of the seafarers of reasonable medical expenses. Another Federal statues may apply depending on the location on the high seas Act maritime tort (“anger”) died.

Our company has a wealth of experience, on behalf of the crew of claims against their employers. If someone you love was injured, to learn more about your rights, please contact us.

Source:

Lifeboat crew crew death accidents, published in the Royal Gazette, July 21, 2016.
Crew members die in rescue ship Norway drilled on the separation, three other people were injured, GCaptain,2016, July 20.
4 injured Norway out of the lifeboat after the accident, Cruisehive,2016 July 20
BPS death patrol boat crew, BER news, July 20, 2016.

Photo:

BER news

NCL crew members died and rescue boat drill

Two women injured in a jet ski accident

Two women sustained injuries as a result of a personal watercraft accident, Monday, July 11, 2016 about a mile and half south of Bill Baggs State Park, near Key Biscayne. WSVN reports that both women were on the same Jet Ski when it ran aground, throwing them into the water.

Two women injured in a jet ski accident
Two women sustained injuries personal accidents on water, Monday July 11, 2016 about a mile and a half South of bierbagesi State Park, near Biscayne Bay. WSVN reported that the two women were the same on Jet-Ski ran aground, and threw it into the water.

Women’s neck and head injuries, was airlifted to Jackson Memorial Ryder Cup trauma hospital. Another woman was taken to Mercy Hospital was wounded in the face.

Perez party boat was found near two women and to provide them with assistance. According to Captain Perez more seriously hurt woman “could not move, floating on the water.

The two women and their names have not been released. The cause of the accident is under investigation of the Florida Fish and wildlife officials.

We have failed in large part because of the company’s pre-rent of horses for its customers the full guide individual ship accidents increased. According to § 327.54 Florida (1) pre-lease description should include and are not limited to that vessel 1) renting out business features, ships 2) safe operations and vessel traffic, 3) ship operator is responsible for the safe and proper operation of the vessel and 4) where the local channel will operate the vessel.

Our lawyers handle multiple private boating injury cases, has successfully involved failed to provide appropriate instruction for hiring a private boat livery’s negligence. If you are injured in a personal lease, and wanted to know more about your legal rights, feel free to contact our Office.

Source:

2 injured in an accident on the water near Biscayne Bay, WSVN,2016, July 11.
2 injured in an accident on the water near Biscayne Bay, the Sun-Sentinel, July 11, 2016

Photo:

WSVN,2016-year Sun TV company

Two women injured in a jet ski accident

Florida waterway accident left one dead, many injured

Dylan Gonzalez of Port Charlotte, Florida died in an early morning June 19th boating accident. Gonzalez was fishing with his friend Billy Pfannkuch on a 19′ Ranger flats boat. Near 4:20 AM, the two men heard another boat’s engine coming towards them. That boat was a 20′ Lake & Bay operated by Dalton Reas and carrying four passengers. Pfannkuck reported to law enforcement that the boat operated by Reas was on plane in a no wake zone portion of the Intracoastal Waterway near Eldred’s Marina and Placida Harbor. The Florida Fish and Wildlife Conservation Commission who is investigating the accident reports the larger Lake & Bay boat struck a channel marker before colliding into the smaller Ranger boat. As shown in the above photograph, it appears that the Lake & Bay struck the Ranger on the starboard (right) aft (rear) quadrant with significant force. Gonzalez was transported to a nearby hospital but died from his injuries. Pfannkuch, who was ejected into the water from the crash, suffered a fractured collarbone and pelvis. A GoFundMe page was created to help with Pfannkuch’s medical and family expenses as he is expected to be out of work for at least three months.

Florida waterway accident left one dead, many injuredDylan · Gonzales ‘ Port Charlotte, Florida, died June 19 in the morning boating accident. Gonzalez and his friend bilipufankuhe 19′ Ranger boat fishing. Near 4:20, in the morning, the two men heard another boat’s engine came to them. That boat is a 20′ Lake and the Gulf by Dalton reasons and carrying four passengers. Pfannkuck reported to law enforcement ship by ground is close to the Al’s dock and Placida harbor no wake section plane. Florida Fish and Wildlife Conservation Commission is investigating the accident reported in the Great Lakes and the Ranger Bay boat collision in the channel markers into smaller boats before the collision. As illustrated in the picture above, it shows the Lake and Bay hit the starboard (right) with power tail (rear) quadrant of the Rangers. Gonzalez was transported to a nearby hospital, he died from his injuries. Pfannkuch, jets of water from the crash, suffered a clavicle fracture and pelvis. GoFundMe website has been designed to help Pfannkuch medical and family expenses, he is expected to be unable to work for at least three months.

Ship collision accident in Florida have risen sharply in recent weeks. Leftovers are many times these run a ship fails to comply with safety regulations. Lake and reportedly ships might not have a running lights. Federal and Florida law requires ongoing shows some configuration of lights at night so that others observed the speed and direction of the boat is a boat.

Photo:
Boca beacon

Florida waterway accident left one dead, many injured

Saint Lucie County was injured in a boating accident killed two

One man has died from injuries after a boating accident in St. Lucie County, Florida. According to a Florida Fish and Wildlife Conservation Commission (FWC) report, 20-year-old Dominic Dragan was operating a 20 foot center console Pathfinder by “running in circles, jumping waves and showing off.” While running the vessel in circles, Dragan was thrown off into the water with his boat still circling around him.

Saint Lucie County was injured in a boating accident killed twoSaint Lucie County, Florida boating accident, one man has died from the injuries. According to the Florida Fish and Wildlife Conservation Commission (FWC) report, 20 meters, Nick de la Gan operates 20 foot center console Pathfinder “moving in a circle, jumping waves and show off.” Runtime container in the circle, Dragan was thrown into the water and his boat is still hovering around him.

Three witnesses from the shore to assist Dragan attempt to reach the unmanned vessel and cut off the engine. While attempting to board the Pathfinder, the boat ran over them. Three men were taken to hospital, where they, 26-year old Cody Troska, died from head injuries. Two others, Luke Muccigrosso and bulankeandeliesi 22 of the 23 were injured but survived. Dragan was not hurt.

FWC report, Dragan may have at the time of impact. It seems that with spike every summer boating accident involving alcohol or drugs. We are currently in a Florida civil liability under the influence of alcohol and boating blog related injuries while intoxicated operator.

Photo: Cody Troska (Facebook)

Saint Lucie County was injured in a boating accident killed two