Boating Accidents
Two people killed in boating accident on Englebright Lake
A collision of a ski boat and another power boat on Englebright Lake about 7 p.m. Saturday has left two people dead and another two transported to the hospital with injuries, according to Yuba County Sheriff’s Department Lt. Damon Gil.
“We are still trying to confirm whether there’s anyone else involved,” he said. “We’re doing a search to confirm the exact number of people who were on each boat.”
Investigators are looking into how the accident occurred on the lake, which is near Smartsville, west of Grass Valley.
Rescuers included the Yuba County Sheriff’s deputies and boat patrol, the Nevada County Sheriff’s Department and dive team as well as the California Department of Forestry and Fire Protection, and the Army Corps of Engineers, Gil said.
Boating Accident Personal Injury and Wrongful Death Liability
The most common boating accidents are collisions with other boats, sinking’s, capsizing and boat disappearances.
Boating accidents occur very quickly and in many different places. Lakes, canals, rivers, inter-coastal waterways and oceans are where tragedies normally occur. Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.
According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.
Many times a boater will have been speeding or may have had too much alcohol.
There are specific boating laws that must be followed or fatalities can occur. The Law Offices of Gary A Kessler is familiar with the different state’s boating laws. We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.
It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, sinking and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.
Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat. The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.
Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others. Owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.
Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occurred will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.
The laws regarding boating accident (drowning) cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case. As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm.
The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in both State and Federal Counts.
July 4 accidents include boat propeller severing man’s leg at Lake Mead
About 1 p.m. at the lake’s Sandy Cove, about 9 miles northeast of the Hoover Dam, a man was hit by a boat propeller, severing his right leg, said Randy Lavasseur, assistant chief ranger at the Lake Mead National Recreation Area.
Park rangers responding to the accident were able to control the man’s bleeding but could not fly him out due to windy and rainy weather conditions. The man was transported by ambulance to the University Medical Center.
Near Echo Bay, about 26 miles northeast of Hoover Dam, bystanders rescued a 19-year-old Hispanic male after he had difficulty swimming and drifted in and out of consciousness, Lavasseur said.
Rangers found the man without a pulse, not breathing and foaming at the mouth. They performed CPR and brought him back to life a minute later and cleared his airway until transport could arrive. The man was then airlifted to University Medical Center.
The conditions of both men were not released.
The monsoon-like weather also led to six vessel accidents, two disabled vessels, four emergency calls and 13 visitor welfare checks, Lavasseur said.
Among those rescued were five people whose boat had capsized. Lavasseur said only one person was wearing a lifejacket while the other four were clinging onto the boat when rangers arrived.
Boating Accident Personal Injury and Wrongful Death Liability
The most common boating accidents are collisions with other boats, sinking’s, capsizing and boat disappearances.
Boating accidents occur very quickly and in many different places. Lakes, canals, rivers, inter-coastal waterways and oceans are where tragedies normally occur. Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.
According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.
Many times a boater will have been speeding or may have had too much alcohol.
There are specific boating laws that must be followed or fatalities can occur. The Law Offices of Gary A Kessler is familiar with the different state’s boating laws. We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.
It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, sinking and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.
Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat. The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.
Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others. Owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.
Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occurred will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.
The laws regarding boating accident (drowning) cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case. As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm.
The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in both State and Federal Counts.
Teenager Killed in Pyramid Lake Boating Accident
A 16-year-old boy was killed in a Los Angeles County boating accident involving a collision between a 21-foot ski boat and a Wave Runner personal watercraft. According to a news report in the Los Angeles Daily News, the fatal boat accident occurred on Pyramid Lake in Castaic the afternoon of July 1, 2012. Officials say the watercraft may have turned into the path of the boat shortly before the collision. Coroner’s investigators say that the boy killed in a boating crash at Pyramid Lake north of Los Angeles over the weekend was a teenager vacationing with his family from Russia, 16-year-old Harut Emmanuel Shabazyan .The teen victim was pronounced dead shortly after the accident and his 30-year-old passenger was airlifted to a hospital in critical condition. The 30-year-old driver of the ski boat was not injured. Alcohol does not appear to have been a factor in the crash.
Boating Accident Personal Injury and Wrongful Death Liability
The most common boating accidents are collisions with other boats, sinking’s, capsizing and boat disappearances.
Boating accidents occur very quickly and in many different places. Lakes, canals, rivers, inter-coastal waterways and oceans are where tragedies normally occur. Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.
According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.
Many times a boater will have been speeding or may have had too much alcohol.
There are specific boating laws that must be followed or fatalities can occur. The Law Offices of Gary A Kessler is familiar with the different state’s boating laws. We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.
It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, sinking and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.
Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat. The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.
Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others. Owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.
Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occurred will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.
The laws regarding boating accident (drowning) cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case. As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm.
The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in both State and Federal Counts.
90 people still missing after boat carrying 200 capsizes off Indonesia on its way to Australia
An Australian navy patrol boat and three cargo ships had rescued 110 survivors — including a 13-year-old boy — by late Thursday and delivered them to the Australian territory of Christmas Island 200 kilometers (120 miles) to the south early Friday, Meehan said. Three bodies also were recovered.
“The vast majority of the survivors are healthy and won’t need medical attention,” Meehan said. It wasn’t clear where the passengers were from, but most asylum seekers trying to reach Australia are fleeing violence and poverty in nations such as Afghanistan, Iraq, Iran or Sri Lanka.
Home Affairs Minister Jason Clare said while seas were rough, people could have survived if they had life jackets or were clinging to debris as most survivors had done.
“There is the prospect that there are people out there still alive,” he told reporters.
He said about 40 survivors had been found clinging to the upturned hull on Thursday afternoon, while others were discovered clinging to debris up to 6 kilometers (4 miles) from the scene.
Clare said the boat had initially called Australian rescue authorities late Tuesday to report being “in distress,” but gave no location. The crew called back early Wednesday and reported the boat’s position 70 kilometers (44 miles) south of the main Indonesian island of Java. Australian authorities advised the crew to return to Indonesia and reported their situation to their Indonesian counterparts, who had rescue responsibility for the area, he said.
An Australian surveillance plane crew spotted the boat on Wednesday afternoon continuing south toward Christmas Island and showing “no visual signs of distress,” Clare said.
“Nevertheless, at Christmas Island Border Protection Command began to preposition vessels to respond if an urgent request for assistance was requested,” Clare said.
A surveillance plane crew found the boat capsized on Thursday afternoon halfway between Christmas Island and Java, still within Indonesia’s zone of search and rescue responsibility.
He said the boat had made several calls Thursday morning that “raised concerns about the safety of the vessel,” but he did not have details of those calls.
Speaking of Australian rescue authorities’ response, Clare said that “it looks like they took proactive steps.”
“All of the advice I have is that the work between Australian agencies and Indonesian agencies was very good,” he added.
Christmas Island, in the Indian Ocean, is closer to Indonesia than to the Australian mainland. It is a popular target for a growing number of asylum seekers who attempt to reach Australia on overcrowded fishing boats from Indonesia — sometimes with deadly consequences.
Western Australian police were being sent to Christmas Island to attempt to identify bodies.
Gagah Prakoso, a spokesman for Indonesia’s Search and Rescue Agency, said the capsized boat was reportedly carrying 206 people.
Australian Prime Minister Julia Gillard, who is seeking ways to stem the flow of asylum seekers to Australia, discussed the apparent tragedy with Indonesian President Susilo Bambang Yudhoyono in Brazil, where they are both attending a U.N. environment summit.
“At this stage, details are sketchy but what is apparent is there has been a large loss of life at sea,” she said. “This is a very distressing and tragic incident.”
In December 2010, an estimated 48 people died when an asylum seeker boat broke up against Christmas Island’s rocky coast.
Last December, about 200 asylum seekers were feared drowned after their overcrowded ship sank off Indonesia’s main island of Java.
Boat collision injures 9 in Marina Del Rey
Authorities say nine people were injured after a row boat they were in collided with a motorized boat off Marina Del Rey and was split in half.
Los Angeles County Sheriff’s Sgt. Brent Carlson says those on the row boat were pulled from the water and most had minor injuries after Sunday morning’s accident. However, a woman was airlifted to the hospital where she was treated and released.
Carlson says the driver of the motorized boat, Peter Sorrento of Chatsworth, was alone and apparently didn’t see the row boat in front of him. Sorrento was cited for violating state boating rules that require having a lookout on his boat.
Carlson declined to describe the extent of the woman’s injuries, citing medical privacy laws.
Marine and Boating Accidents
A boating accident can occur on a privately owned boat (yacht), personal watercraft (jet ski), cruise ship or a ferry. As a general rule, the captain (or operator) of a boat and its owner have a duty to exercise the highest degree of care in order to prevent injuries to others.
The most common boating accidents are collisions with other boats, sinkings, capsizings and boat disappearances.
Boating accidents occur very quickly and in many different places. Lakes, canals, rivers, intercoastal waterways and oceans are where tragedies normally occur. Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.
According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 dea
There are specific boating laws that must be followed or fatalities can occur. The Law Offices of Gary A Kessler is familiar with the different state’s boating laws. We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.
Does Federal Maritime Law or State Law Apply?
Generally, the legal issues are similar to other personal injury claims such as questions related to negligence, causation and damages. But first we must determine which law will control the case – federal maritime law or state tort law. The differences between federal maritime law and state tort law are significant and sometimes determine the outcome of the case. Only an attorney who regularly handles boating injury cases has the experience to sort through the complexity of the law to maximize your monetary recovery.
Traditionally, maritime law applied only to commercial and ocean-going vessels. More and more recreational boats (i.e., “watercraft”) are involved in accidents which meet the conditions that trigger maritime law. If the accident occurs on “navigable waters” and there is a relationship between the accident and traditional maritime activities, the maritime law will govern regardless of the type of vessel. The legal system refers to these conditions as the “locality tests” and a “nexus test.”
What Are the Rights of a Person Injured on or by Watercraft
The potential claims of a person injured by a watercraft are determined by the category: seamen, social guest, business visitor, or bystander/swimmer/water skier. The category also determines the legal rules that will be applied to your claim.
Social Guests, Business Visitors and Bystanders
Most people injured on and around boats are categorized as a “social guest.” These claims will be determined by general maritime law and state law principles of negligence.
It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, sinking and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.
Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat. The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.
Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others. Owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.
Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occured will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.
If you or a loved one is involved in a boating (drowning) death/accident:
- Seek medical attention immediately and CPR if possible for the victim ;
- Insist that a report is filed by the Police Department, Sheriff’s Department, Boating and Waterways Department, National Transportation Safety Board or Coast Guard;
- Obtain essential information (i.e., name, address, insurance information, witness information of any and all persons involved in the accident);
- Photograph the boating accident scene if possible as well as all of the surrounding area;
- Shut up! Talk to no one about the boating accident other than your attorney, never to an insurance adjuster or insurance investigator. Do not volunteer a statement to any insurance company;- Sign absolutely nothing without consulting a lawyer;
- Keep a diary of your loved one’s recovery and all copies of medical bills, wage loss and funeral bills;
- Keep all receipts for all medical expenses and/or funeral bills and wage loss;
- Contact the Law Offices of Gary A Kessler who is experienced in boating accidents and Maritime law to protect your rights and preserve the evidence!
Demand accountability from those responsible for the boating accidents. Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case. We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage. We are prepared to front all costs required for the neccessary investigation and expert witnesses needed to prepare your case for trial.
The laws regarding boating accident (drowning) cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The California wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.
At Least Three Yacht Racers Killed After Apparent Collision with Large Cargo Ship off California Coast [UPDATED]
A screenshot of the Aegean’s SPOT Messenger feed, last updated Saturday, Apr 28th at 1:36 a.m., right on North Coronado Island
UPDATE: The Latitude 38 blog reports that other boats in the race reported have a close encounter with a large ship around the time and in the same vacinity.
Michael Lawler, a crewmember aboard the Newport Beach-based Choate 48Amante, reports having a close encounter with a freighter in the same vicinity and time as Aegean‘s tracker stopped working. “We were farther offshore, about 10-12 miles west of the Coronados,” says Lawler. “Around 1:30 a.m., I went on watch and saw a freighter bearing down on us at what was probably 20 knots. His range lights were lined up and I could see both red and green bow lights. I didn’t have time to get on the radio, so I grabbed my two million-candlepower spotlight and aimed it at the ship. That caught his attention and he took a hard left turn to take our stern. He passed about 1/4 mile behind us.” Lawler, who circumnavigated aboard his North Wind 47 Traveller, says the wind was light, the seas were a little lumpy, and visibility was good.
However, a recently discovered feed of the Aegean’s SPOT Messenger showing the satellite track of the vessel (above), last updated at approximately 1:36 a.m., with the vessel directly on top of North Coronado Island, suggesting the vessel may have broken up on the rocks of the island.
This chart shows the search area for the sailing vessel Aegean. U.S. Coast Guard graphic (click for high res)Original: At least three sailors competing in a yacht race from Newport Beach, CA to Ensenada, Mexico have been killed and one still remains missing after an apparent collision with a large cargo ship.
Newport Ocean Sailing Association (NOSA), host of the N2E annual regatta, said that the sailboatAegean, a Hunter 376 representing the Little Ships Fleet club, vanished from the race’s online tracking system at approximately 1:30 a.m. Saturday. Hours later, vessels in the area of the Coronado Islands reported finding debris in the water, which prompted the launch of a Coast Guard search leading to the discovery of the wreckage, including the rear transom with the vessel’s name on it.
By mid afternoon, the bodies of three crewmembers and loads of badly beaten debris had been recovered. The search for the fourth crewmember continued Sunday, but was called off Sunday afternoon by the U.S. Coast Guard.
The cause of the incident is still under investigation, but initial reports indicate that the incident appears to be the result of collision with a much larger ship that did not see or even likely know of the collision.
“It was real obvious it had been hit just because the debris was so small,” a searcher told the Pasadena Star-News. The yacht looked like it “had gone through a blender.”
On Monday, it was revealed that the sailbot did not issue a distress signal or mayday.
A crew list was not immediately available, nor was it first known how many other crew may have been on the boat, but could have been sailed by five or more persons, said NOSA in a statement
The race started off Newport Beach in mid-day Friday and many boats finished in Ensenada Saturday, with the last ones due in Sunday. Weather conditions were lighter than normal at the time and place of the incident, with boats reporting winds of only 1 or 2 knots.
The incident marks the first fatalities in the 65-year history of the race, which saw 213 boats enter this year.
Deadly boating accident on Lake Lanier overnight
BUFORD, Ga. — A 59-year-old man was killed and a woman was seriously injured when their boat was struck by a 21-foot ski boat in Lake Lanier off East Bank Park early Sunday morning.
Stephen Blake Jones of Duluth was killed, according to the Georgia Department of Natural Resources. The woman’s name has not been released. She remains hospitalized with injuries.
The occupants of the second boat, Steven Parker, 32, and Ashley LeBlanc, 30, both of Cumming, swam from their damaged ski boat to shore and flagged down a motorist for help. Parker and LeBlanc were treated at a local hospital and released.
Gwinnett County firefighters responded to the scene after receiving a 911 call from a driver who was flagged down on Buford Dam Road.
According to fire officials, Parker and LeBlanc were crossing the lake just after midnight when they struck Jones’ pontoon boat in the water.
Rescue Boats from the Georgia Department of Natural Resources, the U.S. Army Corps of Engineers, and Forsyth Fire Department began searching for the second boat.
The Gwinnett Police Aviation Unit began searching for the boat from the air.
Thirty minutes into the search, crews discovered Jones’ body in the water.
Hours later, firefighters found the second boat in the Shoal Creek area of the lake near East Bank Park.
The boating accident is believed to have occurred approximately 200 yards from the face of the dam back toward Lower Overlook Park inside Gwinnett County, according to fire officials.
Investigators from the Department of Natural resources are now going over the two boats to determine who or what is at fault for the fatal accident. Their Critical Incident Reconstruction Team is in charge of investigating accidents on state waterways. They will look at gauges, safety light bulbs, and send away for blood tests.
This is the third fatality on Lake Lanier this year, according to Mike Burgamy of the Department of Natural Resources. He is the Lake Lanier Supervisor.
“It started earlier this year, typically we don’t start seeing this many accidents until after the first holiday weekend, that being Memorial Day,” Bergamy said.
Investigators would not say whether safety lights were on or drugs or alcohol were involved in this case.
Boating Accident Personal Injury and Wrongful Death Liability
The most common boating accidents are collisions with other boats, sinkings, capsizings and boat disappearances.
Boating accidents occur very quickly and in many different places. Lakes, canals, rivers, intercoastal waterways and oceans are where tragedies normally occur. Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.
According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.
Many times a boater will have been speeding or may have had too much alcohol.
There are specific boating laws that must be followed or fatalities can occur. The Law Offices of Gary A Kessler is familiar with the different state’s boating laws. We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.
It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, sinking and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.
Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat. The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.
Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others. Owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.
Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occured will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.
The laws regarding boating accident (drowning) cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case. As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm.
The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in both State and Federal Counts.
Woman dies in Austin boating accident
Death becomes first fatality of boating season
AUSTIN (KXAN) – A 21-year-old woman became the first fatality of Austin’s boating season, the victim of a boat accident.
According to first responders, the woman was struck by a boat at around 5:30 p.m. on Sunday at Mansfield Dam.
The injury was critical, nearly severing the woman’s leg, according to updates on Twitter provided by the Austin-Travis County Emergency Medical Services.
The woman was transported to University Medical Center Brackenridge, where she died.
Lower Colorado River Authority officials were on scene to investigate the accident.
No one was able to confirm the woman’s identity, although many people who authorities interviewed appeared to know her and were upset to hear of her death.
Marine & Boating Accidents
There are thousands of private boat owners in the United States. Maritime and boating accidents can be extremely serious usually resulting in death. A boating accident can occur on a privately owned boat (yacht), personal watercraft (jet ski), cruise ship or a ferry. As a general rule, the captain (or operator) of a boat and its owner have a duty to exercise the highest degree of care in order to prevent injuries to others.
The most common boating accidents are collisions with other boats, sinkings, capsizings and boat disappearances.
Boating accidents occur very quickly and in many different places. Lakes, canals, rivers, intercoastal waterways and oceans are where tragedies normally occur. Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.
According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.
Many times a boater will have been speeding or may have had too much alcohol. The major causes of boating fatalities are:
- Drunk boat operator
- Inexperienced boating operator
- Defective and/or malfunction of the boats steering mechanisms
- Driver’s (boat operator’s) negligence
- Overloading the boat
- Violation of “no wake zones”
- Disregard of speed zones (unsafe speed)
- Disregard to utilize “horn”
- Failure to use boat lights
- Careless and “reckless operation” of the boat
- Failure to use “proper lookout”
- Following another boat too closely
- Products liability (design defect which makes the watercraft inherently dangerous)
There are specific boating laws that must be followed or fatalities can occur. The Law Offices of Gary A Kessler is familiar with the different state’s boating laws. We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.
Does Federal Maritime Law or State Law Apply?
Generally, the legal issues are similar to other personal injury claims such as questions related to negligence, causation and damages. But first we must determine which law will control the case – federal maritime law or state tort law. The differences between federal maritime law and state tort law are significant and sometimes determine the outcome of the case. Only an attorney who regularly handles boating injury cases has the experience to sort through the complexity of the law to maximize your monetary recovery.
Traditionally, maritime law applied only to commercial and ocean-going vessels. More and more recreational boats (i.e., “watercraft”) are involved in accidents which meet the conditions that trigger maritime law. If the accident occurs on “navigable waters” and there is a relationship between the accident and traditional maritime activities, the maritime law will govern regardless of the type of vessel. The legal system refers to these conditions as the “locality tests” and a “nexus test.”
What Are the Rights of a Person Injured on or by Watercraft
The potential claims of a person injured by a watercraft are determined by the category: seamen, social guest, business visitor, or bystander/swimmer/water skier. The category also determines the legal rules that will be applied to your claim.
Social Guests, Business Visitors and Bystanders
Most people injured on and around boats are categorized as a “social guest.” These claims will be determined by general maritime law and state law principles of negligence.
It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, sinking and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.
Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat. The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.
Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others. Owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.
Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occured will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.
Product Liability Claims – Personal Watercraft Such as Jet Skis
Although most boating accidents occur due to the boat operator’s negligence or recklessness, some boating accidents are caused by a dangerous defect of the boat itself. Recently, several successful lawsuits have been won by plaintiffs arguing some type of failure of either the boat’s machinery or its hull (the body of the vessel). When an injury results because of a defective or dangerous condition of a boat, the injured person may have a products liability case against the manufacturer of the boat.
The manufacturers of personal watercraft have faced numerous product liability claims during the last decade. The claims allege that a manufacturer’s design defect makes the watercraft unreasonably dangerous when used in a “foreseeable manner.” A foreseeable use argument alleges the manfacturer could clearly forsee the use of their products by young and inexperienced operators, especially given the manner in which manufacturers market the products. (Also, see our section under “Product Liability.”)
The highly skilled boating accident attorney Gary A Kessler (and the Law Offices of Gary A Kessler) has the experience and track record, handling dozens upon dozens of successful lawsuits against the owners and operators of private boats, personal watercraft, cruise ships and commercial ferries. If you or a loved one suffered an injury or death due to a boating accident or while engaged in water sporting activities, consult experienced personal injury lawyer Gary A Kessler who has handled these types of claims as soon as possible. The laws that apply to injuries that occur on or around the water are extremely complex and must be carefully analyzed to correctly determine the liability issues and the value of your boating fatality case. For example, does state negligence law or federal maritime law or both apply? Who are the responsible parties? Is the cause of action against the owner of the boat for negligent operator or the boat operators or both? Did the boat malfuntion creating a product liability claim against the boat manufacturer?
If you or a loved one is involved in a boating (drowning) death/accident:
- Seek medical attention immediately and CPR if possible for the victim ;
- Insist that a report is filed by the Police Department, Sheriff’s Department, Boating and Waterways Department, National Transportation Safety Board or Coast Guard;
- Obtain essential information (i.e., name, address, insurance information, witness information of any and all persons involved in the accident);
- Photograph the boating accident scene if possible as well as all of the surrounding area;
- Shut up! Talk to no one about the boating accident other than your attorney, never to an insurance adjuster or insurance investigator. Do not volunteer a statement to any insurance company;- Sign absolutely nothing without consulting a lawyer;
- Keep a diary of your loved one’s recovery and all copies of medical bills, wage loss and funeral bills;
- Keep all receipts for all medical expenses and/or funeral bills and wage loss;
- Contact the Law Offices of Gary A Kessler who is experienced in boating accidents and Maritime law to protect your rights and preserve the evidence!
Demand accountability from those responsible for the boating accidents. Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case. We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage. We are prepared to front all costs required for the neccessary investigation and expert witnesses needed to prepare your case for trial.
The laws regarding boating accident (drowning) cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The western states wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case. As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm.
The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in Arizona, California, Texas, Oregon, Washington and Florida in both State and Federal Counts.
Boats collide off Oregon Coast, 3 injured
NEWPORT, Ore. (AP) – The Coast Guard says two small pleasure boats collided off the Oregon coast, injuring three of the six people aboard and leaving the vessels entangled.
The Thursday afternoon crash left the bow of one vessel pinned underneath the stern of the other off Newport, Ore.
The three boaters on one vessel were injured and the Coast Guard transferred them to medics on shore. The three aboard the other boat were unhurt. They were taken to shore.
Coast Guard crews later separated the boats and towed them to a marina.
Boating Accident Personal Injury Liability
The most common boating accidents are collisions with other boats, sinkings, capsizings and boat disappearances.
Boating accidents occur very quickly and in many different places. Lakes, canals, rivers, intercoastal waterways and oceans are where tragedies normally occur. Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.
According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.
Many times a boater will have been speeding or may have had too much alcohol.
There are specific boating laws that must be followed or fatalities can occur. The Law Offices of Gary A Kessler is familiar with the different state’s boating laws. We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.
It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, sinking and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.
Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat. The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.
Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others. Owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.
Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occured will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.
The laws regarding boating accident (drowning) cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The California wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case. As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm.
The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in Arizona, California, Oregon, Washington and Florida in both State and Federal Counts.
Boat explodes off Huntington Beach; 8 hurt
HUNTINGTON BEACH, Calif. (KABC) — A 24-foot power boat exploded off the coast of Huntington Beach on Saturday, injuring eight people.
Authorities said the 2003 Monterey launched just before noon at the Sunset Beach Harbor and minutes later it exploded about 200 yards out. Fire officials said it might have been caused by a fuel leak.
At least four of the nine people on board were thrown into the water.
“There were some burns, there were some contusions and cuts,” said Sgt. Jeff Foster of the Orange County Sheriff’s Harbor Patrol. “We understand that there were also some bones that were fractured and there’s at least one person that we know of right now that’s in surgery for damage to his leg.”
Paramedics transported eight patients, four of them taken to trauma centers. Their ages ranged from 14 to 60, Foster said.
Authorities said there was a mechanical problem and the people on board were trying to fix it when it exploded.
Other boaters heard what they described as a sonic boom and saw flames.
Retired Harbor Patrol reserve officer Tom Cantwell called for help and steered his boat toward the wreckage. He said the victims were not wearing life jackets.
“The boat was fully engulfed in flames,” he said.
The fire on the boat was extinguished and measures were taken to prevent the spread of any hazardous materials, but the wreckage remains in the water as officials work to retrieve it, Foster said.
Boating Accident Personal Injury Liability
The most common boating accidents are collisions with other boats, sinkings, capsizings and boat disappearances.
Boating accidents occur very quickly and in many different places. Lakes, canals, rivers, intercoastal waterways and oceans are where tragedies normally occur. Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.
According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.
Many times a boater will have been speeding or may have had too much alcohol.
There are specific boating laws that must be followed or fatalities can occur. The Law Offices of Gary A Kessler is familiar with the different state’s boating laws. We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.
It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, sinking and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.
Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat. The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.
Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others. Owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.
Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occured will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.
The laws regarding boating accident (drowning) cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The California wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case. As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm.
The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in Arizona, California, Oregon, Washington and Florida in both State and Federal Counts.
