Key West Injury Lawyer Blog
Authorities confirmed over the weekend that the human head that washed ashore on Key Biscayne belonged to a teen who went missing off Miami Beach a week before after being caught in a rip current.
Victor Enrique Castaneda Jr., 19, was swimming with his sister off South Pointe Beach on Nov. 9 around 6 p.m. when the two were caught up in a rip current. They yelled for help and passersby were able to rescue Castaneda’s sister, but he seemed to vanish in the water, according to reporting from The Miami Herald. His older sister, Jessica Castaneda, told reporters that her brother pushed their younger sister toward shore in an effort to save her as the pair struggled against the currents.
On Nov. 12, a human head washed up on the beach in front of Oceansound Key Colony II condominium at 251 Crandon Blvd on Key Biscayne. The remains were found by a beach maintenance worker before 8:40 a.m.
The Medical Examiner’s Office confirmed Friday that the remains belonged to Castaneda and a spokesperson for the Miami Beach Police Department told reporters with The Miami Herald Sunday that no foul play is suspected in the 19-year-old’s death.
Dangers of Rip Currents
Rip currents are narrow channels of fast-moving water that can quickly trap swimmers. They are typically formed at low points such as breaks in sandbars or near jetties and piers. Swimmers should keep an eye out for a cluster of seaweed or debris moving gradually out to sea or a change in the color of the water as these can be clues to where a rip current has formed. These deadly rip currents can form at any time so it is important for swimmers to stay calm and know what to do should they ever find themselves ensnared in one.
The National Oceanic and Atmospheric Administration suggests swimmers who find themselves caught up in a rip current to swim parallel to the shore instead of fighting the current to make a beeline for the beach to avoid exhausting themselves and drowning. NOAA estimates an average of 75 people drown annually after being caught in a rip current in the U.S. The majority of these deaths take place in the summer when the weather lends to more people spending time outdoors and heading to the beach.
At least 19 people die every year in Florida after getting caught in rip currents, according to NOAA.
Leesfield & Partners
With offices in vacation destinations such as Key West, Miami and Orlando, Leesfield & Partners attorneys have considerable experience representing the families of drowning victims. One tragic case of a drowning involves a man who lost his wife and two young daughters
Our client was awarded $2.95 million against the U.S. Navy in a landmark Federal Torts Claims Act opinion for the navy’s failure to upkeep a Key West pier in safe, working condition. The 32-year-old mother took her children to fish off the pier, a common pastime for base personnel, the day of the incident. The roadway was not illuminated and there were no signs, markings or other warnings that alerted the mother that she was approaching the edge of the pier. The woman and her daughters, a 3-year-old and 18-month-old, were killed in the incident.
A family represented by Leesfield & Partners was awarded $575,000 in their case against a boat tour company after their loved one drowned.
Leesfield & Partners filed suit for the wrongful death of a 2-year-old who drowned at an Orlando Airbnb. Attorneys found in an investigation that the rental property did not install the child safety fences as required by state law.
Leesfield & Partners successfully secured a confidential settlement for the widow of a man who was snorkeling with a boat tour company at Dry Tortugas National Park.
In addition to tragic drownings, Leesfield & Partners remains among the top jet ski and boating accident law firms in the country with millions in settlements and verdicts obtained for injured clients and their grieving families.
Jet Ski Cases
Jet skis are among the most dangerous machines seen by Leesfield & Partners on the water, bringing in more injury and wrongful death cases than any other recreational water activity, according to Partner and Trial lawyer, Justin B. Shapiro.
Though jet skis are often marketed as beginner-friendly machines, summoning images of gleeful tourists gliding over sparkling Florida waters, ocean conditions make them more difficult to navigate than these images suggest.
A Key West jet ski rental company at the center of a wrongful death case handled by the firm failed to ensure that all of their patrons understood a brief safety tutorial given before they headed out onto the water. One patron, a French-speaking tourist, did not understand and killed the wife of a Leesfield & Partners client.
A multi-million dollar recovery was secured in that case.
A Californian family visiting the area purchased a jet ski tour with guides who repeatedly sped away from them. Danger loomed without their guides to warn them about choppy waters or where to keep jet ski speeds to a minimum. The family’s patriarch violently crashed into a concrete bridge piling when the guides led the family through a narrow bridge opening.
Boat Cases
Monroe and Miami-Dade Counties — where Leesfield & Partners has two of three Florida offices — tallied the most accidents on the water in 2023, according numbers from the Florida Fish and Wildlife Conservation Commission. In decades of personal injury practice, Leesfield & Partners attorneys have seen some of the most devastating boat crash cases that have changed the lives of families in Florida forever.
One family was forever fractured with a parasailing accident that left a daughter with a traumatic brain injury and killed her mother. The two had purchased a parasailing excursion while traveling on a cruise ship when a rope tethering them to a boat below suddenly snapped in the high winds. The two hurtled toward the water from hundreds of feet up, resulting in disaster.
Leesfield & Partners recovered over $7 million for their families.
Two other parasailing accident cases against unnamed parasailing operators that were handled by the firm have resulted in $17 million and $15 million recoveries for the wrongful death of our clients’ loved ones.
Another parasailing victim represented by Leesfield & Partners suffered brain damage from the incident. $4.65 million was secured for the client in that case.
Other parasailing accidents handled by Leesfield & Partners have resulted in over $10 million recovered for injured clients and grieving families.
A Key West spearfisherman was hit by a boat, suffering a serious and disfiguring laceration to his leg. The firm secured a $275,000 recovery for his injuries.
Bernardo Pimentel II, a Leesfield & Partners Trial Attorney, recently secured the maximum, capped settlement for the family of a Key West lobster diver killed by a law enforcement officer who disregarded divers-down flags.
Mr. Shapiro recently filed suit for a boat crash that resulted in the death of a 24-year-old. That case is ongoing.
Safety Tips
- Check forecasts before swimming. Sunny skies are great for tanning, but they do not always equal swimming safety, even in the shallows. Ocean conditions can change quickly but it is important to be prepared to hasten your reaction time. If the forecast projects a rip current threat, consider staying on shore that day.
- Always check if there is a lifeguard on duty and, when possible, swim near the lifeguard station.
- If you are caught in a rip current, it is important that you stay calm.
- Don’t swim against the current. You will waste your energy attempting to do so, increasing your chances of potentially drowning from exhaustion. It is recommended that you swim out of the current in the direction of the shoreline or breaking waves.
- If you can’t swim. Do your best to float or treat water until help arrives. Call out for passersby or lifeguards and try to wave your hands to alert people on shore that you are in distress and need help.
- When possible or when the current slows, swim at an angle away from the current toward the shore.
