North Florida Injury Lawyer Blog

In Florida, the weather permits for watercraft and boating activity and recreation virtually year round. While boating, jet skis, and other watercraft recreation can be great fun, these activities also carry the risks of injuries and, in some instances, deaths when there is a watercraft / boating accident in Florida.

If it can be proved that the owner or operator of a boat or personal watercraft was negligent, then a case or claim for personal injuries may be pursued by the boating or personal watercraft injury victim. A personal injury victim can pursue a civil case or claim for medical bills, pain, suffering, loss of enjoyment of life, and related damages.

A Florida Boating / Watercraft Attorney can help a personal injury victim and the family of the victim collect compensation / damages for medical bills, pain, suffering, and other damages. Contact a Florida Boating Injury Attorney for consultation, advice, and legal representation.

When boating, jet skiing, or using other watercraft in the State of Florida, it is important that safety precautions are taken:

1. Weather and Time. Before embarking on a boating or watercraft excursion, check the weather to make sure that the visibility is good, the water is manageable and not too rough for safe boating activity. Florida State law requires prohibit the operation of personal watercraft at between one-half hour after sunset and one-half hour before sunrise.

2. Safety Courses. When required and / or available, boating and jet ski safety courses should be taken so that the operators know safe operation and precautions to be taken during boating activity.

3. Age Restrictions. If there are age restrictions imposed by law, they should be filed. If a child is permitted by law to operate a particular boat or watercraft, then limitations should be set and adult supervision should be provided.

4. Supervision. When children are participating in boating activities, it is important that consistent adult supervision is provided to prevent or at least reduce the accidents and resulting personal injuries.

5. Life Jackets / Safety Vests. During boating, jet skiing, and related activities, life jackets / safety vests should always be worn. Safety is vital during these boating activities. Florida requires each occupant on a personal watercraft wear a life jacket.

6. Selection of Area for Boating and Recreation Activities. Select an area that is not crowded and that does not put swimmers, water skiers, or others in danger during these activities. The selection of a proper area can be key in preventing injuries from taking place.

7. Reduce Operator Distraction. Just like automobile accidents, many boating accidents take place due to driver or operator distraction.

An unfortunate and tragic boating accident was recently reported in Lutz, Florida. The boating accident took place on Lake Hobbs in Hillsborough County. It was reported that divers later recovered the body of Ryan Burke, age 30, who was from Lutz, Florida. See Florida Boating Accident Reported in Lutz, Florida.

A full investigation by the Florida Fish and Wildlife Commission and local police officials will be conducted to determine the cause, circumstances, and preventability of this tragic Florida boating accident.

In the State of Florida and off the coast lines of the State of Florida, people enjoy boating and diving. In most instances, boating is enjoyable and fills the day with sunshine and fun. Unfortunately, Florida has its share of boating tragedies, personal injuries, and, yes, deaths. It was reported that a man fell off of a yacht at Elliott Key, Florida and into the propellers. What a tragic and disturbing end to a life which just prior to the incident was spent with friends on a yacht. It was reported by the Florida Fish and Wildlife Conservation Commission that the man fell off of a 65 foot luxury yacht. The name of the yacht was oddly enough "Gotcha".

While other accidents are far more common that propeller accidents, this story should make all boaters take notice of the dangers of boating and the need for safety measures when a person is on or near a boat. The incident took place during a busy boating time of year in South Florida. See Man Dies from Boating / Propeller Accident in Elliott Key, Florida.

In Florida and other coastal States, driving trips are typically filled with adventure and fun. Some trips, however, end quite differently. It was recently reported that a Jacksonville man (Charles Newman) was found dead while diving from a boat in the Florida Keys (Big Pine Key). An autopsy will be performed to determine the cause and manner of the death of this man. Few details were offered in the initial news report of this incident. See Jacksonville Man Dies in Boating Accident.

When adults and children are diving or otherwise engaged in swimming activities, safety measures should be taken to prevent injuries from taking place. While there are risks inherent in most sporting and boating activities, safety precautions should always be followed.

The boat operator involved in the President’s Day accident that killed two Middelburg teens, including his own, was cited for reckless operation. Ted Hanner, 49, was driving the 1985 Baja bass boat on Black Creek near the Knight’s Boat Ramp and Marina facility when the accident took place. According to a spokeswoman from the Florida Fish and Wildlife Conservation Commission, Hanner left the controls to pump the fuel bulb because the boat was running “kind of ragged,” and he was trying to get more fuel to the motor. The boat veered off and crashed into a tree three feet off the water, killing Hanner’s son, Travis Hanner, 17, and his girlfriend Halee Mickey, 15. The Commission reported at the time that the teens died at the scene from severe blunt force trauma. A spokeswoman for the Commission said that the boat was traveling about 20 mph, and alcohol was not a factor.

Under Florida law, it is illegal to operate a vessel in a reckless or dangerous manner. Specifically, reckless or careless operation of a vessel or manipulation of water skis, aquaplanes, or similar devices is the failure to exercise the care necessary to prevent the endangerment of life, limb, or property of any person. Every operator of a vessel should be aware of waterborne traffic, posted speed and wake restrictions and all other surrounding circumstances. In addition, vessel operators should follow the navigation rules. Anyone who operates a vessel with willful disregard for the safety of other people will be cited for reckless operation, a first-degree misdemeanor. For more information see, boat operator reckless in February accident that killed 2 Middleburg students.

As the summer months approach, many Floridians in Jacksonville spend their days partaking in popular hobbies such as boating and jet skiing. The waterways are more crowded than ever with more than one million registered and unregistered vessels in the state of Florida. As a result, unfortunately, accidents on the water are becoming more prevalent.

Two people were injured after a personal water craft (also known as a jet ski) accident in the Jacksonville Intracoastal Waterway. John Bracey, a Fire and Rescue Department spokesman said that two people on a watercraft hit a pole near Butler Boulevard at about 4 p.m. Rescue workers took one passenger to Shands Jacksonville and the other to the Mayo Clinic for treatment. No information on the identities of the patients or the status of their condition was available.

According to the Florida Fish and Wildlife Conservation Commission, Florida continues to lead the nation with 982,470 registered vessels in 2009. There were 629 reportable boating accidents in 2009, and 70% of the operators involved had no formal boater education. The main cause of boating fatalities was caused by boaters falling overboard.

Boating and jet skiing can be a great way to spend your summer afternoon if you live in Jacksonville or North Florida, but they can also be just as dangerous as a car if not operated properly. Visit the Florida Fish and Wildlife Conservation Commission’s website for more information on Florida boating safety and education. For more information on this topic, see Law & Disorder: 2 hurt in watercraft accident on Intracoastal.

In Florida, boaters and their passengers can enjoy boating activities year round. While some times of year are better than others, Florida's warm weather provides access to Florida's lakes, rivers, and oceans year round. There are risks associated with boating activities. Boat propellers can cause serious injuries to those who come in contact with the boat propellers. Boat operators and passengers should keep safety in mind at all times over everything else. In Indian Shores, Florida, it was reported that Molly Rinerth of St. Petersburg, Florida suffered serious injuries after she jumped overboard to get a hat that had fallen off her head. The boat operator had not noticed or was otherwise unaware that Molly was in the water. Molly was later hit by the boat, pulled underneath the boat, and then resurfaced. She did suffer some deep laceration cuts to her leg as a result of contact with the propeller. You can read more about this article at Florida Woman Chasing Hat Struck by Boat Propeller.

Two men are being treated for the personal injuries each sustained after they were ejected from their airboat. According to Brevard County Fire Rescue, the men had been riding the airboat over moslyt dry ground; the boat overturned and ejected the men around 7:54 a.m. Both men were transported to Parrish Medical Center. However, after doctors determine that one of the victim’s personal injuries were more severe and serious, this accident victim was transferred to the trauma center at Holmes Regional Medical Center. If you would like to read more on this story please see Two men ejected from airboat, sustain serious personal injuries.

Although airboat recreation can be entertaining and fun, participants should practice standard safety precautions and operation.

Written By: Lenorae Atter
Attorney at Law

In Duval County (Jacksonville), Florida, according to Florida Department of Highway Safety and Motor Vehicles, the traffic fatality rate in 2009 was 114 people, 49 of the fatalities were related to alcohol. Traffic accidents are often linked to someone involved being responsible for the accident. In Florida, when death occurs because of the negligence of another person, then damages can be recovered under the Wrongful Death Act.

In Florida, the personal representative for the estate may bring the action on behalf of the decedent's survivors and estate. When there an individual passes from natural causes, the expenses of such fall to the estate and the survivors. The State's intent was to not place the burden on the family if someone else acted negligently and that negligence caused the death. (Florida Statute 768.20)

Damages for such an action are outlined in Florida Statute 768.21, and includes but is not limited to: each survivor being entitled to the value of the loss of support from the date of injury to death; future loss of support; loss of companionship (spouse/children); pain and suffering.

Due to complexities involved in this type of legal matter, it is a good idea to seek legal advice from a qualified and experienced attorney. If you have questions, please contact Wood, Atter & Wolf, P.A.

United States Coast Guard officials sent a warning to all boaters that the most likely way to get killed or maimed while on a boat is to ride on the bow of the boat. Therefore, the Coast Guard will be cracking down on illegal bow riding, especially on vessels such as pontoon boats and small fishing boats. Children are even more susceptible to bow-related injuries because they are extremely likely to bounce off the bow. The bow is also one of the rougher areas to ride on a boat as opposed to riding on the back. Nathan Henise, Coast Guard Petty Officer 2nd Class, compared riding on the bow of the boat to riding on the hood of the car.

Coast Guard officials will stop those people who appear to be in violation and caution them. Those committing egregious violations risk being charged with negligence. If you would like to read more about this topic see Coast Guard cracks down on bow riding.

It is important to be safe while riding on a boat. Boats reach high speeds and boaters are not secured by safety devices such as seat belts. Even if you or your child is wearing a life vest, both still run the risk of sustaining serious injury from the boat's propeller if thrown from the bow. Therefore, teach parents and guardians need to teach their children to be cautious while on a boat.

In Florida, there is great joy and pleasure in owning a boat or just taking a ride on a friend's boat. There are, however, many dangers to boating. One of which is the danger of carbon monoxide poisoning. Generators on boats power the electrical system and the air conditioning. It is vital that a generator is properly installed and that it is checked to make sure that carbon monoxide exhausts do not pose a threat to occupants of the boat. Tragically, there have been many reported incidents of people suffering personal injuries and even death as a result of carbon monoxide poisoning while occupying a boat. Get a professional to check the equipment including the generator. Safety precautions can and do save lives. People spend thousands upon thousands of dollars on boats. It makes sense to spend a little bit more money for safety and peace of mind. This is especially true when children occupy the boat.

An off-duty Palm Beach County Sheriff’s Office deputy had to have her arm amputated after suffering traumatic injuries last week in a boating accident. The boat crash happened in the Intercoastal Waterway just north of the Donald Ross Bridge.

Deputy Cheryl Griffin, 42, was boating on the Intercoastal with a friend when she ran into a dry dock. A boat on a lift fell on top of her 20-foot watercraft and pinned her momentarily underwater. Bystanders were able to free the deputy, who was airlifted to St. Mary’s Medical Center where doctors amputated her arm due to severity of her injuries.

The other occupant of the wrecked vessel, 38-year-old Melissa Burdeen, suffered minor injuries and was treated and released from Jupiter Medical Center.

This horrific accident no doubt puts the deputy’s future career in law enforcement in jeopardy. Since she suffered the injury while she was off-duty, she will likely be concerned about coverage for her medical bills and time away from her job. FWC is conducting an investigation into the boating accident.

While automobile accidents are more prevalent in number and frequency, this story illustrates that boating accidents do happen and can cause life long serious permanent injuries. While some accidents are just that - accidents. Other boating accidents are caused by boater distraction, speeding, and boating negligence. Whether you are operating a boat, automobile or other vehicle or mechanical device in the State of Florida, be safe and careful to do your best to avoid accidents.

According to the 2009 Florida Boating Accident Statistic Report by the Florida Fish and Wildlife Conservation Commission, the Sunshine State continues to lead the nation in boating accidents with a total of 620 reported in 2009.

The leading cause of boating accidents by far was operator inattention. The leading type of boating accident was a crash involving a fixed object while cruising.

Of the 65 boating accident fatalities in 2009, almost half involved either alcohol or driver / operator negligence.

Personal watercraft (PWC) were involved in 23 percent of the reported boating accidents, even though they represent just 13 percent of all registered vessels in Florida. Half of the PWC accidents involved running into another vessel.

What we can extrapolate from the data is this: operator negligence is responsible for a majority of boating accidents in Florida. And where there is negligence, there can be and are serious personal injuries suffered by innocent victims of this Florida boating negligence.

The State of Florida hopes to lose its top ranking by increasing mandatory boater education requirements over the next few years. Boating educators / experts project a potential 25 percent reduction in fatalities over the next decade due to increased education.

If you or a member of your family have been injured in a Florida boat or personal watercraft accident and need help, contact our Jacksonville personal injury law firm.