"Boating Accident"

Published on: July 26, 2024

FWC tells boaters to be on the lookout for divers-down flags following several incidents on the water this month

The Florida Fish and Wildlife Conservation Commission sent out a public notice urging boaters to keep an eye out for divers-down flags in a month known statistically for a high rate of accidents on the water.

In their advisory, FWC encouraged boaters to avoid distraction and watch out for divers-down flags. These flags and buoys are essential warnings to approaching vessels that there are people in the water. These flags must have the divers-down symbol and be prominently displayed. When spotting a flag of this kind, boaters must operate at idle speed within 300 feet of the flag when in open water or within 100 feet when in inlets and or navigational channels. Divers must stay within the outlined distance of their flags.

Recent Incidents

Published on: July 26, 2024

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

By Leesfield & Partners

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 16 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: 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 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: January 23, 2013

Key West diver critically injured by yacht propellers

By Leesfield & Partners

On Monday morning, Judy Montague was diving off Key West Bight, a historic seaport in Key West, was hit by the propellers of a 72-foot yacht.

Judy Montague was transported by helicopter to Ryder Trauma Center in Miami where she underwent surgery to her leg. Her status, while unknown, has been reported as remaining critical.

The cause of the incident is still unclear today. Capt. Pedro Arpon, who was operated the yacht, The Palagon, at the time, is still being heard by the investigators and charges have not been levied yet. The first element of answer came from Officer Bobby Dube of the Florida Fish and Wildlife Conservation Commission (FWC) who is investigating the incident.