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-   -   Biscayne Bay Accident news... (https://www.offshoreonly.com/forums/general-boating-discussion/311919-biscayne-bay-accident-news.html)

low_psi 05-09-2014 10:33 PM

This is going to get real ugly (legally)..... As soon as I saw the news tie Pitbull to this accident (his vodka brand is pasted on both sides of the boat) I knew the law suits were coming. I am not saying a lawsuit isn't justified.... It just seems awfully soon. Has the accident investigation concluded yet??

SkaterMike82 05-10-2014 08:30 AM


Originally Posted by Jupiter Sunsation (Post 4119787)
Greg you need to work on those reading skills :D : The lawsuit seeks in excess of $15,000 in damages.

I think it declares the suit isn't a small claims matter by seeking in excess of 15K

Correct. Trust me the law the firm that got that case knows what they are doing. This will be a 7 figure case but that still won't bring the guy back. They're even going after Plantation Boat Mart which is owned by Elias the owner of "spirit of Apache"

Indy 05-10-2014 09:15 AM


Originally Posted by Premier Perf (Post 4120012)
They're even going after Plantation Boat Mart which is owned by Elias the owner of "spirit of Apache"

And that in a nutshell is what's wrong with this country. What do you expect when this whole country is run by lawyers. America...land of the not so free.

thirdchildhood 05-10-2014 09:27 AM

How could anyone be at fault here besides the operator of the boat at the time of the fatality? I agree that the settlement will be over a mil and DJ whatever his name is seems collectible. I also feel that he should be charged with some kind of reckless operation. He and he alone caused this loss of a young life.

Katanna 05-10-2014 12:35 PM


Originally Posted by thirdchildhood (Post 4120040)
How could anyone be at fault here besides the operator of the boat at the time of the fatality? I agree that the settlement will be over a mil and DJ whatever his name is seems collectible. I also feel that he should be charged with some kind of reckless operation. He and he alone caused this loss of a young life.

I agree. The no one else contributed this but the boat operator. The manufactures, sponsors and marinas had nothing to do with it.
He should be prosecuted-and held accountable for any restitution for the victims family.

Jupiter Sunsation 05-10-2014 03:04 PM


Originally Posted by Premier Perf (Post 4120012)
Correct. Trust me the law the firm that got that case knows what they are doing. This will be a 7 figure case but that still won't bring the guy back. They're even going after Plantation Boat Mart which is owned by Elias the owner of "spirit of Apache"

I get the shrapnel approach: "sue everybody in sight!" and see how much everyone (or their insurance company) will budge/settle.


I have also seen maritime cases go sideways quickly to where the plaintiff gets nothing:

1. Barge was legally moored, current is very swift in that area. Guy riding a jetski has mechanical issues gets wedged under an anchored barge. He attempts to get the jetski unstuck and gets killed in the process. Lawsuits fly (construction company using the barge, barge company, etc). Defendants make an offer of 100K (legal fees cost/savings). Plaintiff's lawyer/family says no way.......go to trial. Jury gives them ZERO despite the death.

2. Towing company- Goes and rescues a sailboat 8-10 miles offshore in rough conditions. Boat is damaged in transit, breaks free and ends up against a jetty (total loss). Captain of the sailboat dies of a heart attack. Lawsuits fly, one by one everyone gets off as "not their fault, plaintiff caused their own misfortune"

3. Guy has a captain, backing into a slip. Guest aboard tries to assist with rope in hand, loses his balance and face plants the dock. Doesn't die but has brain damage. Lawsuits fly again, everyone from the boat owner, the captain, the marina etc despite the guy simply losing his balance and having a bad fall......Still pending but the boat is owned by a foreign LLC so their limitation is the boat itself (boat value). Insurance had lapsed at the time of the accident. So far, no one has paid a dime and plaintiff has pending legal issues of his own so even if he wins, there are other people standing in line to collect off him!

Maritime law is definitely a specialty, not as cut and dry as say automobile accident claims.

PigNaPoke 05-10-2014 03:31 PM


"There's not enough regulations," Silva said, adding that he'd like to create a law named after Hernandez to prevent future boating deaths.
That right there says it all folks... Its happening all around us.

"The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."- Ayn Rand

dockrocker 05-10-2014 11:32 PM

Found this pic on one of the linked sites....

http://i.imgur.com/k5U3nvB.jpg

Someone wise once told me that good judgment comes from experience, and experience comes from poor judgment. Cannot imagine running the motors like this guy is when there are people in the water around the boat.

offshore312 05-11-2014 09:12 AM

It may be argued as an "open & obvious" hazard where the defence attorney will claim young man was able to see the inherant danger that he was next to. The argument will be that the "captain" should have immediately shut down his engines when other people approached the spinning propellors. If the "captain" instructed anyone to aid him by pushing the vessel from the engine area, while the engines were running & props spinning, it could be a whole different story. The flip side to that is that the people he asked to help him by pushing the boat from the engine area with the engines running could have also told him to shut off the engines first, or they could have told him no way. It will be very hard to argue that the deceased was not aware of the dangers that the spinning propellors posed. This is such a tragedy that just didn't have to happen.

northernoffshore 05-11-2014 10:54 AM

I cant imagine how dumb someone one would have to be to stand so close to a running outboard??


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