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

Key West Diver Run Over by Charter Fishing Boat

A diver was severally injured when a charter fishing boat ran him over. The incident occurred off the White Street Fishing Pier in Key West last Saturday, October 8th. Witnesses stated that the injured diver, along with another man, were displaying the legally mandated divers-down flags when the charter boat struck him at a high rate of speed. It appears that a propeller from the boat nearly severed diver’s left foot. The captain of the fishing boat retrieved the injured diver from the water and reported the incident to law enforcement. The captain was directed to return to shore where Key West Fire Rescue responded. The injured diver was taken to an area hospital. There have been no reports on the victim’s condition at the time of this post.

A diver was severally injured when a charter fishing boat ran him over. The incident occurred off the White Street Fishing Pier in Key West last Saturday, October 8th. Witnesses stated that the injured diver, along with another man, were displaying the legally mandated divers-down flags when the charter boat struck him at a high rate of speed. It appears that a propeller from the boat nearly severed diver’s left foot. The captain of the fishing boat retrieved the injured diver from the water and reported the incident to law enforcement. The captain was directed to return to shore where Key West Fire Rescue responded. The injured diver was taken to an area hospital. There have been no reports on the victim’s condition at the time of this post.

Florida’s Fish & Wildlife Conservation Commission and the Monroe County Sheriff’s Office investigate such incidents. Florida law requires all divers without boats display a red divers-down symbol with a horizontal white strip that is a minimum of 12 inches by 12 inches which could take the form of a flag of buoy. Florida law also requires boat operators make a reasonable effort to maintain a distance of 300 feet of a divers-down flag or buoy on open waters.

In the civil law context, a boat operator who violates a safety statute, like Florida’s diver statutes, is presumed at fault and liable for the victim’s damages. The boat operator can only rebut this presumption by showing that the safety statute violation could not have been a cause of the accident. It is not likely that the boat operator can overcome this presumption as if a distance of 300 feet was maintained, the diver would not have been run over.

Below is a video report by The Blue Paper.

Key West Diver Run Over by Charter Fishing Boat Key West Diver Run Over by Charter Fishing Boat Key West Diver Run Over by Charter Fishing Boat Key West Diver Run Over by Charter Fishing Boat

Toddler Nearly Drowns Aboard Carnival Splendor

A 2-year-old boy has been hospitalized after nearly drowning aboard the Carnival Splendor. According to reports, Saturday around 3:00 p.m. while the ship was docked at Port Miami, the toddler’s mother lost sight of him briefly and minutes later found him in one of the ship’s pools. A passenger aboard the ship who is a paramedic rendered assistance and the child was taken to the ship’s infirmary. The toddler was then transferred by local emergency personnel to Jackson Memorial Hospital. The toddler was reportedly conscious and stable at the time of his transfer to the hospital. We sincerely wish the young child a speedy recovery and send our best to his family.

Toddler Nearly Drowns Aboard Carnival SplendorA 2-year-old boy has been hospitalized after nearly drowning aboard the Carnival Splendor. According to reports, Saturday around 3:00 p.m. while the ship was docked at Port Miami, the toddler’s mother lost sight of him briefly and minutes later found him in one of the ship’s pools. A passenger aboard the ship who is a paramedic rendered assistance and the child was taken to the ship’s infirmary. The toddler was then transferred by local emergency personnel to Jackson Memorial Hospital. The toddler was reportedly conscious and stable at the time of his transfer to the hospital. We sincerely wish the young child a speedy recovery and send our best to his family.

Just three months ago, we reported on the tragic death of an 8 year-old-boy aboard Royal Caribbean’s Anthem of the Seas. Still, cruise lines continue to refuse to provide lifeguards on their ships claiming they comply with all safety requirements by posting visible signs alerting passengers to the fact that a lifeguard is not on duty and that children under 12 must be accompanied by an adult at all times.

Carnival carries approximately 700,000 children a year aboard its ships. While failing to provide lifeguards to protect children, it advertises and promotes, unlimited all-inclusive beverage packages with its Cheers! Program. No doubt, parents must supervise their children but cruise lines should be required to protect the safety of their passengers by implementing simple safety measures such as lifeguards.

Sources and Photo source:

Child Almost Drowns of Carnival Cruise Ship
, Cruise Hive, October 9, 2016.

Photo by Carnival

Toddler Nearly Drowns Aboard Carnival Splendor Toddler Nearly Drowns Aboard Carnival Splendor Toddler Nearly Drowns Aboard Carnival Splendor Toddler Nearly Drowns Aboard Carnival Splendor

Recovery: to relieve pain and flotation therapy

Welcome to the first in a series on MyFitnessPal looking at the latest in recovery trends. We kick off with the hottest thing in a cramped place: floatation therapy.

Welcome to the first in a series of recent recovery trend on the MyFitnessPal. We have a small place the hottest Prologue: flotation therapy.

Looking for moments of pure happiness of quiet treatment do? You can try your own seal in warm water, black water tank floating effortlessly light does not light or sound to distract you, pain relief, hoping to relieve pressure and clear the mind.

Sounds a little weird? Its good enough for the two-time NBA most valuable player Stephen · Curry. Four-time Super Bowl champion quarterback Wei Tangmu · Brady is also a huge fan–he even has his own tank. Navy Seals are often devotees and stimulate college students ‘ sports events such as the Ohio State University football team, incorporating it into its rehabilitation program.

That’s pretty lofty company. Is it good enough for you yet? First, a little background. Flotation therapy may be fashionable, but it is not new.

In the 1950 of the 20th century, the flotation therapy invention-also referred to as the restricted environmental stimulation therapy–in the 70 ‘s and 80 ‘s, had a brief popularity and it is experiencing a revival. By 2015, the New York Post reported that 267 floating Center in the United States, significant increase in 2011 from only 85 Centre.

Here is how it works: the workers fill special tanks and nearly 1000 pounds of Epsom Salt with warm water, creating a dense solution, and allows effortless flotation, freeing the body from gravity. This treatment is usually a quiet, opaque string beans, encourage implementation of the mind and body relax. Water and ambient air temperatures are warmer, skin receptors can be neutral, it is difficult to float to distinguish between where the water ends and where their body starts.

“Your heart rate, breathing slows down, your blood pressure is lower,” explained Fu Center in Oakland, California, Alyn, owner of forest · Walton. Treatment lasted about an hour, should help the decompression and spine, and draw out toxins and tension free storage, but also in order to provide a relaxed atmosphere for meditation.

Studies have shown that floating therapy to reduce stress, anxiety and severe pain and increasing optimism and sleep quality, which was repaired and restored and overworked muscles and a key factor in stimulating the mind too much. It was this treatment to attract customers with extreme physical work, but it can also benefit patients with chronic pain or stress, so any person regardless of age, size or fitness level is not surprising.

Price tag is not a tall order – sessions from anywhere within the scope $40 introduced the floats in float-$ 99 floating in an elevator in New York City, Los Angeles, and most floating Spa special package pricing is available. But of course, it is undeniable that most of us will benefit from an hour of total relaxation, has been without a major scientific data, that float in the treatment of one factor to accelerate the healing. And some studies have claimed that float in the treatment of this hour is equivalent to about 4-8 hours of sleep, results are difficult to measure consistently.

This does not mean that all float in the treatment of the claim does not hold water. Avanzare physical therapy in San Francisco, owner of DC, Adolf · Dr LAU considers floating its meditative qualities. “I put a high value on Epsom Salt, as I propose hot Epsom Salt bath treatment of chronic muscular pain and General muscle recovery,” he said.

Epsom salts a chemical known as magnesium sulfate, and Epsom Salt baths, muscle relaxing magnesium (in addition to other minerals) be absorbed through the skin. Epsom salts, also of remembered pain, muscle cramps, inflammation.

Worth dipping your toes in the pool, Heather · Anderson, a float session into her fitness lifestyle SoulCycle teacher said. She cites a deep muscle release and increased sleep she gets after each session, but most of all, she added, “it is also just a great way to spend an hour with you and your ideas.”

We connect and move the speed in the world on a daily basis, those lonely moments and self-care are worth every penny.

8-year old boy nearly drowned on a Royal Caribbean cruise

Royal Caribbean ANTHEM OF THE SEAS was forced to return to New Jersey just hours after it had departed after an eight year old boy nearly drowned in a pool on board. The young child is reported to be in critical condition. According to the Coast Guard, the boy had been in the water for eight to 10 minutes before cruise officials found him. The child was Medevaced to Staten Island University Hospital, where his family was expected to join him.

8-year old boy nearly drowned on a Royal Caribbean cruise

Royal Caribbean anthem was forced to return to New Jersey after just a few hours after it left eight years old boy who nearly drowned in the ship’s pool. It is reported that the youngest children in a critical state. According to the coast guard, to 8-10 minute cruise before officials discovered that he had been in the water boy. Child was Medevaced to Staten Island University Hospital, his family was supposed to go with him.

In March this year, a 4-year old boy in a swimming pool on the Royal Caribbean oasis of the seas, I nearly drowned. Toddler spent five minutes underwater in the pool, no more cruise passengers to jump into the cardio-pulmonary resuscitation before the pulse. Only in December 2015, 8-year old boy drowned in the Royal Caribbean freedom of the seas. He was spotted by another guest, cannot be recovered.

Despite the many incidents involving drowning and near drowning boat, most cruise lines do not have lifeguards on its ships. Royal Caribbean recently said it was not, is not going to want to add, on the boats lifeguards. Disney cruise line (Magic Cruise) remains as the only cruise lines provide a lifeguard, a small child, fantasy cruise ship drowning response. Depending on family vacation they ship industry, is truly shocking is that cruise lines refused to implement basic pool safety precautions in order to protect the very same families to support their business.

Cruise ship companies should be required to provide similar security precautions, followed by coastal resorts. These preventive measures, such as lifeguards, swimming instructors and children roadblock is relatively inexpensive and proven to save lives.

A variety of swimming pools and hot tubs to our law firm handling injury and death cases, we often found that such accidents can be easily avoided. In other words, there is no reason why children have to die in a swimming pool.

Our youngest child’s family our deepest condolences and wishes him a speedy recovery.

Source:

The boy nearly drowned, NBC News, July 1, 2016.

Child drowning in the pool, pix11,2016 July 1

Anthem marine cruise ship was forced to return to New Jersey, on July 1, 2016

8-year old boy nearly drowned on a Royal Caribbean cruise