Boating Accident

Published on: July 26, 2024

Man lobster diving Wednesday morning in the Florida Keys severely injured after being hit by boat

A diver was hit by a boat Wednesday morning in the Florida Keys following an advisory by the Florida Fish and Wildlife Conservation Commission earlier this week urging boaters to watch out for divers-down flags.

The man was struck around 8 a.m. off of Big Coppitt Key in the Lower Keys while diving for lobster, officials told reporters with The Miami Herald. He was helicoptered out with life-threatening injuries and taken to a hospital in Miami-Dade County.

Wednesday was the start of the lobster miniseason which lasts through to Thursday allowing six lobsters to be taken per diver in Monroe County. Regular lobster season begins August 6 until March 31.

Published on: July 24, 2024

FWC urges boaters to turn off boats completely if someone goes overboard following the tragic death of a woman on the water Sunday

By Leesfield & Partners

A woman died Sunday after she went overboard and was hit by a boat propeller on the Ocklawaha River, according to the Florida Fish and Wildlife Conservation Commission.

The woman was on a Pontoon boat with at least eight other people around 1:30 p.m. when she went overboard and was hit by the propeller. She was pulled from the water but died en route to the hospital.

This comes after three back-to-back incidents on the water in Monroe County over the Fourth of July weekend and one fatal incident last week in Bay Harbor Islands involving a jet ski.

Published on: July 16, 2024

News of yet another South Florida boat crash makes headlines and is a chilling reminder of the potential dangers on the water

By Leesfield & Partners

At least one person has died following a Sunday morning crash with a 42-foot boat and a jet ski, officials say.

Officers with the Florida Fish and Wildlife Conservation Commission responded to calls of a crash at around 8:30 a.m. near the Broad Causeway in Bay Harbor Islands, according to reporting from The Miami Herald.

The man on the jet ski was pulled from the water by witnesses on a separate boat and was taken to shore. The man later died.

Published on: July 9, 2024

A slew of injuries reported in the Florida Keys throughout the Fourth of July weekend sets a devastating reminder of the serious consequences of boating accidents

By Leesfield & Partners

About eight people were injured and one person died in three separate incidents in the Florida Keys over the holiday weekend, according to local officials.

The latest of the three incidents happened around 2 a.m. Monday when a Contender boat crashed into the South Pine Channel Bridge, a bridge connecting Middle Torch Key and Ramrod Key in the Lower Keys. At least seven people were injured in the crash including a child. The child and two others were transported via air ambulance while four others were taken to local hospitals. Monroe County Fire Rescue officials told The Miami Herald that the boat was going at a high rate of speed when it crashed.

The second incident took place Saturday around noon in Key West and involved at least one person on a jet ski who was transported to the hospital by helicopter. Additional details, including how the incident happened or whether another watercraft was involved, were not immediately available Monday.

Published on: October 9, 2023

Wrongful Death of Passenger in Boating Accident Results in Seven-figure Settlement

By Leesfield & Partners

Leesfield & Partners secured a seven-figure confidential settlement for the family of a young woman who was killed in a single-boat accident. The accident happened under the cover of darkness and was caused by operator error. Our investigation revealed that speed and alcohol were the contributing factors to an accident that should never have occurred. The operator traveled above the speed limit with a blood alcohol level above the 0.08% limit. Traveling at high-speed, impaired, with limited to no visibility, the operator crashed his boat into a concrete dock. The extremely violent impact caused our young and unsuspecting female passenger to be thrown overboard along with the rest of the passengers. She was airlifted to a hospital with critical injuries but ultimately did not survive.

Operator Error is Leading Cause of Boating Accidents

Last June, the Florida Fish and Wildlife Conservation Commission (FWC) issued its yearly Boating Accident Statistical Report, and there was an unfortunate increase in statewide boating-related fatalities. In 2022, Florida saw a total of 735 boating accidents, marking a decrease of 16 incidents compared to 2021. However, the sobering aspect of the report was the 65 lives lost in these accidents, which represented an increase of five fatalities compared to the previous year. Notably, since 2003, falls overboard have consistently been the leading type of fatal accident, with drowning as the leading cause of death.

Published on: June 9, 2023

Over $1.2 million secured in back to back Key West settlements

By Leesfield & Partners

In the Courtroom

Partner Justin Shapiro represented a family visiting Key West from California that was involved in a jet ski incident and the firm represented the family of a Monroe County Sheriff’s Deputy injured in a motor vehicle accident.

Unparalleled Experience and Success Representing Victims of Jet Ski Incidents

Published on: May 26, 2022

Fatal Boating Incident in Florida Keys Results in $1.7 Million Settlement

By Leesfield & Partners

On Memorial Day, our client’s young boy who was snorkeling at the time was run over by a family boat operated by a 6-grader while at full speed and on a full plane. The propeller fatally injured him. Despite having a diver’s down flag prominently displayed, the reckless teenager who never should have been trusted with operating the boat alone fled the scene, went home, covered up evidence of his crime and lied to the police. Our investigation found five witnesses who saw him flee at full speed.

A lawsuit was filed against multiple defendants including the parents under counts of negligent entrustment and negligent supervision. Courts look at the following elements of negligent entrustment when the allegation is made against the parents of a young child: whether the parent entrusts an instrumentality to a child who because of his lack of (1) age, (2) judgment or (3) experience, may become a source of danger to others. In this case, our firm was able to satisfy every element by establishing that the recklessness behavior of the 13 year-old child/boat operator

Whether the parents knew or should have known with due care that injury to another was possible because of their child’s past reckless operation of the boat would constitute negligent supervision. We established through witness testimony, including from one neighbor who had previously seen the teen operating his boat in a reckless manner while the neighbor’s family was snorkeling at the docks off his house.

Published on: October 18, 2018

Injuries Rise with Endless Innovation of Watersports and Boating Industries

By Leesfield & Partners

Over the course of Leesfield & Partners’s 42-year history, we have seen a remarkable increase in grievous injuries and fatalities with the evolution of the watersports and boating industries. As water excursion operators compete vigorously for the consumer dollar, the tours, vehicles, and equipment they offer become more thrilling, and in turn, more dangerous. We now live in a world where traditional boat charters and snorkeling excursions are not enough. The public now craves the thrill of high speed jet ski tours, parasailing at 800 feet in the sky, water-propelled hover boards and jet packs, amphibious duck boats, paddle boards, and so on. The industry is producing so many new products and services that it is impossible for the government to properly regulate the activities. This inevitably results in tragedy as members of the public put their lives in the hands of poorly trained excursion operators with negligently maintained equipment.

A prime example made national news in July 2018 when an amphibious duck boat capsized and claimed the lives of 17 passengers in a southwestern Missouri lake. Duck boats are unique vehicles that resemble a bus while traveling on land but can also operate as a boat in the water. Regulations are spotty, however, because they are technically neither a bus nor a boat. This particular tragedy encompassed all of the notoriously dangerous elements of water excursions that we have seen in our practice for decades: (1) an inherently dangerous vehicle, (2) reckless and poorly trained employees, and (3) a failure to provide necessary safety equipment.

Over the years, Leesfield & Partners has successfully prosecuted a large number of cases involving traditional and novel water-related incidents, including:

Published on: October 13, 2016

Spearfisherman seriously injured in Key West

By Leesfield & Partners

Diver down flag – Courtesy of diveasia.com

Recently, Leesfield & Partners represented the family of a young child who was fatally injured while snorkeling by the propellers of a boat off of Cow Key Channel, in Key West, Florida. Last weekend, a very similar incident took place, this time near Edward B. Knight Pier, formerly named White Street Pier. While boating accidents involving swimmers / divers are statistically down, it remains one of the top 3 concerns in Florida according to the latest boating accident statistics released by the Florida Fish and Wildlife Conservation Commission (“FWC”).

In this latest tragedy, 29 year old David Corlew was spearfishing approximately 200 yards off the pier with fellow spearfisherman. At around 8:30 a.m., a a twin-engine 32-foot commercial charter Sea Vee vessel operated by Robert Householder struck David Corlew, who was displaying a diver-down flag as required by Florida Law, which caused him to sustain traumatic leg injuries.

Published on: May 23, 2014

Memorial Day boating and water sports highlight safety issues in the Florida keys

By Leesfield & Partners

Every year the Coast Guard, Florida Marine Patrol, and local law enforcement agencies note a marked increase in injuries and deaths stemming from the negligent and careless operation of marine craft and water recreational vehicles. Ira Leesfield, Chairman of the Resort Torts Section of the American Association of Justice, has written extensively on this topic pointing out “it is not just small water craft but jet ski, parasailing, and small water related activities that are contributing to the high incidents of serious injuries in the Florida keys”. Tourists and visitors from all over the United States and abroad descend on the Florida keys for the beautiful waters of the Gulf of Mexico and Atlantic Ocean as well as inland waterways.

The firm of Leesfield & Partners has promoted water safety and the necessity of regulating parasailing activities which coupled with snorkeling, diving, fishing, and boating are a huge industry for Monroe County residents. Now, there is an added safety fact as cell phone use and texting creep into the prevention and safety issues surrounding water activities that require full concentration.

This firm is now seeing boating collisions where an operator was distracted by cell phone use and in recent years the death of a Key West child was indirectly linked to the boat operator’s cell phone inattention. Unquestionably the news for that weekend will be an unnecessary loss or tragedy which could have been prevented by greater diligence and better enforced navigational rules. The waters surrounding the Florida keys are a majestic natural resource which must be treated with respect. Just recently, we are seeing injuries and deaths related to diving and pool activities including electrocution from water source. Leesfield & Partners completed a $10 million result for electrocution from a faulty pool wire. Families must be on the look out and diligent to watch their young children in any water related environment. Hotels and other forms of lodging must be careful and selective about which vendors they allow to use their facilities for the purpose of water recreation rental.
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