Boating Accidents
Divers search for recording device in fatal jet ski crash
Divers planned to spend Monday plumbing the Puddingstone Reservoir in San Dimas for a recording device that may have information about a crash between a motor boat and a jet ski that killed three women.
Deputies assigned to the Sheriff’s Special Enforcement Bureau-Emergency Services Detail as divers, along with Los Angeles County Lifeguard divers, are searching the water for a recording device
that was mounted to the women’s watercraft.
The boat and watercraft collided Saturday afternoon in the reservoir, located in Frank G. Bonelli Regional Park.
The women who died were all on the jet ski. They were identified by coroner’s officials as Mari-Con Abello, 34, of Escondido; her mother, Aurora Yeso, 59, of San Dimas; and Anesia Barba Bautista, 59, of Glendora.
They were pronounced dead at the scene. The four occupants of the motorboat were treated for injuries at hospitals and released.
Authorities have said the powerboat driver was not intoxicated. It was unclear whether the women who died had been drinking.
Officials asked anyone with information to contact the L.A. County Sheriff’s Department homicide bureau at (323) 890-5500. Anonymous calls may be made to Crime Stoppers at 800-222-TIPS (8477).
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.
Fiesta Island Boat Accident Leaves Young Girl Seriously Injured
6-year-old Neve Walker was struck in a San Diego boat collision that occurred on August 6, 2011, around 3:30 p.m. near Fiesta Island. According to the girl’s father, the child was riding on an inner tube along with her 10-year-old brother when a motorboat came from behind and veered into their path.
The little girl was knocked off the inner tube and ran over by the boat. She was taken to Rady Children’s Hospital for treatment, where she was diagnosed with fractured ribs, a partially collapsed lung and bruises, and cuts over her body.
Cause of the boating accident
Although the official cause of the accident has not been released, police are investigating why the boat operator ran directly into the path of the children.
Based on this news report by News 10, it appears that the boat driver was operating his watercraft recklessly and will be held liable for the young child’s injuries. The operator steered his boat too close to the children, a violation of boat safety regulations.
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.
Longtime Lanai fisherman killed in collision with tour boat
Free divers say sharing Lanai’s Kaumalapau Harbor with tour operators has been dangerous. On Sunday, it proved deadly.
Fisherman Alan Amoncio, 51, was struck and killed by a whale-watching tour boat. Lanai is home to a small, tight-knit community, and news of his death spread quickly.
Friends say Amoncio was well-known by students on Lanai because he worked as a school custodian. They describe him as a kind-hearted man with a passion for spearfishing that began when he was in high school.
“All these years we’ve been doing that thing, you know, diving and catching fish and food for the family,” Wendell Sarme, victim’s friend, said.
But his ocean adventure on Sunday turned deadly. The 51-year-old was free diving at popular fishing spot Kaumalapau Harbor on the west coast of Lanai at about 10:35 AM, when a boat’s propeller struck him.
Friends say he was with his wife, Kiki, at the time.
“He’s a very nice guy,” Jonie Sarme, victim’s friend, said. “Him and his wife, they’re very nice people. We’re just saddened by this tragic loss.”
“He’s a safe diver,” Wendell Sarme said. “He always dives with his flags and his floaters and stuff.”
Maui fire officials identified the boat involved as the Wiki Wahine, a tour zodiac operating out of Lahaina Harbor. On its web site, Ultimate Whale Watch Maui says its 30-foot vessel is capable of speeds up to 50 miles an hour.
“They’re just going fast, just cruising the coastline, every bend and every turn, just hogging the coastline, just to give the tourists a thrill,” Wendell Sarme said. “It’s like they don’t got no respect over here.”
The state Department of Land and Natural Resources confirmed that the victim had set up flags marking his position in the water.
“It could have been prevented,” Jonie Sarme said. “So for this to happen to Alan, it’s so, we’re sad. The Lanai community, we’re sad.”
No one on the boat was injured. The tour company did not return our phone call.
DLNR and the US Coast Guard are investigating.
Although the official cause of the accident has not been released, police are investigating why the boat operator ran directly into the fisherman.
Based on this news report by Maui News, it appears that the boat driver was operating his watercraft recklessly and will be held liable for the local fisherman’s injuries. The operator steered his boat too close to the fisherman, a violation of boat safety regulations.
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 United 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 Hawaii, Arizona, California, Oregon, Washington and Florida in both State and Federal Counts.
Man Tragically Killed in Fiesta Island Boating Accident
SAN DIEGO COUNTY – A man was tragically killed in a Fiesta Island boating accident Sunday evening, reports NBC San Diego. According to San Diego Lifeguards, the man was in an inner tube being towed by a boat when he fell off and disappeared. Friends of the victim located his life jacket, but were unable to locate the man, whose identity has not been released. The man’s friends contacted lifeguards shortly before 6:00 pm, minutes before he was discovered faced down in the water by another vessel. Before transporting him to a hospital where he was pronounced dead, emergency crews tried to revive the man at the scene of the accident for 20 minutes. Lifeguards are currently investigating the cause of the July 24, 2011 accident, but believe faulty inner tube equipment or improper life vest fastening may have contributed to the man’s tragic death.
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.
Authorities ID man killed in WaveRunner crash at Castaic’s Pyramid Lake
CASTAIC – Officials today released the name of a 36-year-old man killed when his water scooter collided with a boat on Castaic’s Pyramid Lake.
Edgardo Almaraz, of Newark, Calif., was riding a WaveRunner that abruptly turned into the path of a 20-foot ski boat about 1:40 p.m. Saturday, said Deputy Johnie Jones of the Los Angeles County Sheriff’s Parks Bureau.
The ski boat operator went to the aid of Almaraz, who was face-down in the water, and responding deputies tried in vain for about 25 minutes to resuscitate him. Paramedics pronounced Almaraz dead at the scene at 2:22 p.m., Jones said. An autopsy is pending.
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.
Man dies after hit by a boat
The search is on for a boat involved in a hit-and-run accident that took the life of a 30-year-old man Saturday.
“We’re looking for a boat that is approximately 25-feet in length, predominantly red with a white stripe. It has a V-hull and an enclosed bow,” said San Bernardino County Sheriff’s Sgt. Tim Smith.
Smith said the boat, which also had a Bimini top, was last seen leaving the scene of the accident in the direction of Chalk Cliffs. A man described as a white, heavy-set male with a moustache, wearing a hat, was driving the boat. Also in the boat was a white female with blonde hair.
Anyone with information about the boat or its operator’s whereabouts is asked to call San Bernardino County Sheriff’s Det. Trahin or Sgt. Smith at (760) 326-9200, or any local law enforcement agency.
The accident occurred at 5:30 p.m. at Havasu Lake, Calif. near Havasu Landing Casino, when the victim was one of two people riding inflatable chairs being towed behind a boat. The victim fell off his inner tube and as his towboat was turning to retrieve him, the suspect boat struck him.
The suspect boat slowed after being hailed by the victim’s boat, then fled the scene of the accident.
Medical personnel passengers in the towing boat helped retrieve the victim and immediately began CPR. They brought him to Havasu Landing where they performed CPR until San Bernardino County Fire Department arrived. SBCFD continued CPR until the Lake Havasu City Fire Department boat arrived to transport the victim to the Windsor Launch Ramps at Lake Havasu State Park for transport to Havasu Regional Medical Center.
The victim is reported to have suffered multiple and serious lacerations from the propeller and was unable to be revived.
SBCSD responded with four watercraft and a helicopter. Mohave County Sheriff’s Office and Lake Havasu City Police also assisted.
Cause of the boating fatality
Investigation into the incident continues. The victim’s name is being withheld pending notification of next-of-kin.
Marine and Boating accidents
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.
One dead, eight hurt in boat crash Injured include one critical after vessel slams into Colo. River jetty
The first fatal boat wreck of the 2011 boating season occurred late Sunday night on the Colorado River and claimed the life of 21-year-old Brittany Stark, of Canyon County, Calif., said Sgt. Tim Smith, of the San Bernardino County Sheriff’s Department.
The collision occurred about 11 p.m. Sunday on the Parker Strip, near Bass Point located below Emerald Cove, Smith said.
An unidentified boat operator, of California, was traveling southbound in a 21-foot wake board boat on the Colorado River about 30 to 35 mph when the vessel struck a rock jetty slightly offshore and south of Emerald Cove. 
Smith said there were “numerous eyewitnesses” who observed the impact.
In all, there were nine passengers. Four were transported by air to Good Samaritan Medical Center in Phoenix, two were transported to La Paz Regional Hospital — one was pronounced dead and the other treated and released. The remaining three passengers were treated and released at the scene, Smith said.
“Injuries ranged from minor to fatal,” Smith said. “Of the four total (who were air-evacuated to Phoenix), one remains in critical condition.”
It is unknown if alcohol was a factor, and the crash remains under investigation.
“I don’t think any of the people on board last night were wearing life jackets,” Smith said. “They were operating in the dark, with no moon.”
Smith said the accident parallels the drowning Saturday just off the California shore, directly across from Site Six, in Havasu, when an 83-year-old man jumped from a pontoon boat to cool himself and never resurfaced. Like the nine passengers, the man wasn’t wearing a lifejacket.
“It’s so easy to wear a lifejacket, and they are so comfortable now, there is no reason not to wear one,” Smith said.
Marine & Boating Accidents
There are thousands of private boat owners in the United States. Newport Beach, California is the yachting capitol of the world. 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 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.
1 killed, 3 rescued in OC boating accident
DANA POINT – The U.S. Coast Guard reported Monday that none of the occupants aboard a disabled power boat were wearing life jackets when the craft sank after being washed onto the rocks on Strand Beach in Dana Point.
However, it’s unclear if the lack of life jackets played a role in the death of one of the boaters, who also was washed onto the rocks. Three others on the boat escaped relatively unharmed, according to an Orange County Fire Authority spokesman.
Mark Benet, 46, of Orange was pronounced dead at Mission Hospital Laguna Beach after being plucked from the raging surf by a rescue helicopter, authorities said. Rescue divers also had to be rescued because of the high surf, according to the Coast Guard.
The incident occurred around 6 p.m. Sunday when Coast Guard Command Center personnel in San Pedro heard a brief, unidentifiable mayday call.
Orange County Fire Authority rescuers located the boat pinned against the rocks as a large swell engulfed it, sweeping all the occupants overboard, the Coast Guard reported.
Lifeguards located Benet at a rock outcropping adjacent to the beach, said fire Capt. Greg McKeown. He had suffered traumatic injuries.
Divers from the Orange County Sheriff’s Department went into the water, but soon found themselves in danger, too, after 10-foot-high waves engulfed them, the Coast Guard reported.
Helicopters from the fire authority and the Coast Guard arrived, and the fire helicopter lowered a firefighter on a cable who was able to pull Benet into a rescue basket. He was flown to the Laguna Beach hospital.
The Coast Guard helicopter helped rescue the divers, the Coast Guard said.
Deputy William Nelson from the Orange County Sheriff’s Harbor Patrol said winds were gusting up to 30 mph.
“I don’t know if they lost power or how they got there,” Nelson said. “But we’ve had a gale force wind warning of 25 to 30 mph. The swell is 5 to 6 feet out of the west.”
Life vests are required for children under 13 in vessels of 26 feet or less. Although adults rarely wear them while cruising on pleasure boats, the coast guard recommends life jackets be worn by all boaters regardless of age.
In 80 percent of all boating fatalities, the cause of death is drowning. Of those victims, over 90 percent were not wearing a life jacket.
There are thousands of private boat owners in the United States. Newport Beach, California is the yachting capitol of the world. 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.
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.
