South Florida Injury Attorney Blog

A national health care advocacy organization, the Trust for America’s Health (TFAH), recently released a report on injury-related deaths in all fifty states and the District of Columbia, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report.” TFAH identified ten “key indicators” of injury prevention in state laws and regulations. The study ranked the states and D.C. based on the number of key indicators present, and it also ranked them based on the rate of deaths per 100,000 people. Florida ranked near the middle on both scales, with only six of the ten key indicators. The state’s annual rate of 66.8 injury-related deaths gives it the eighteenth-highest rate in the country.

Injuries account for over 180,000 deaths each year, according to the study. Among people between the ages of one and forty-four years, injuries are the leading cause of death. Injuries account for nearly 90,000 deaths in that age group, compared to 50,000 for non-communicable disease and less than 10,000 for communicable disease. The study divides injuries into categories, including falls, blunt force injuries, gunshot wounds, cuts or puncture wounds, burns, poisoning, vehicular injuries, and drowning or suffocation. In all, the lifetime costs of injuries, which includes not only immediately medical expenses but also the ongoing cost of care, lost income, and lost productivity, exceed $406 billion per year.

New Mexico has the highest overall injury-related death rate, according to TFAH, with 97.8 deaths per 100,000. New Jersey has the lowest rate at 36.1. Florida is just behind Colorado’s 67.8 and ahead of North Carolina’s 66. TFAH states in its report that it cannot say with certainty why one state has a lower or higher injury-related death rate than another state, but that its list of “key indicators” can offer states guidance on how to effectively prevent injuries.

Continue reading "Florida Receives Average Score in Advocacy Group's Injury Prevention Ranking" »

Have you ever really wondered how safe it is on board a cruise ship, besides the fact that anything can happen on the open ocean where your safety is concerned, I have found that there is a whole lot more that goes on board these cruise ships that go unreported, in particular cases of rapes and assaults on female passengers and cruise ship staff.

Take for instance this scenario – you and your girlfriend decide to take a much deserved cruise to the Caribbean – you do your research as to what is the best cruise deal you book your trip and start the preparation for your trip. The day of your trip arrives and you are totally excited about the trip. You board the ship, first and foremost you go thru the safety procedures from how to properly put on your life vest to where to go to get to your life boat etc… but they never warn you about something even more dangerous like being assaulted or raped on board these ships, you would never think of that, but this is a regular incident that happens and sometimes go unpunished, leaving the victim with irreparable scars and memories to deal with.

As a Fort Lauderdale Attorney practicing in South Florida our law firm has represented cases of this type, but what never ceases to amaze, is that these victims never thought they had any legal grounds to file suit, yes, reports were made to the respectable law enforcement agencies but they never thought that they would have grounds to file suit for damages etc against the cruise ship company.

With all this said, should you or a loved one be the victim of this type of injury or assault we at the Law Office of Cohn and Smith will review your case and help you defend your rights. Please contact us at 954 346 0607 or 305 624 9186 for your free consultation; we have offices located in Broward and Miami-Dade county.

Summer is almost here, well that’s according to the calendar, but the meteorologists will say different. Boating is a part of life for many people in South Florida. Unfortunately, with so many people taking their boats out, boat accidents are bound to happen.

As an attorney in South Florida we have represented numerous boat accidents and you would be amazed that these accidents can occur for many of the same reasons auto accidents do.

Here are some examples of reasons for boating accidents: BUI –boating under the influence; careless or reckless driving; aggressive driving; driver inexperience and negligence.

Here are some examples of the consequences of boating accidents: sinking; loss of life from drowning; fire and explosion; flooding and capsizing.

Unlike cars, boats do not require any sort of licensure prior to being operated. Unfortunately, this means that some inexperienced and irresponsible individuals are allowed to operate boats. These people often cause boating accidents. Admiralty and Maritime rules and laws govern boat accidents. These laws can be confusing, and may make it difficult to establish the cause and determine who is at fault for the accident; therefore contacting an experienced attorney in these types of accidents is extremely urgent to ensure that your rights are reserved.

If you or a family member has been involved in a boat accident anywhere in South Florida, please contact one of our experienced boat accident attorneys from the Law Office of Cohn & Smith, who will evaluate your claim for free and fight to get you the compensation you deserve. We can be reached at any of our offices located in Fort Lauderdale, Pembroke Pines or Weston, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Well the weekend has passed and we are almost through the week, it's "Wednesday HUMP Day". I found this article about a gentleman in his 80’s who received burns whilst repairing a battery on a docked boat, last month in Fort Lauderdale. The article states that the Fire Marshall will be investigating and that the owner of the property could not be reached for comment.

Fort Lauderdale, FL (Sun Sentinel) — A man in his 80s suffered severe burns Wednesday afternoon while repairing a docked boat, a fire official said.

The man was repairing an 18- to 20-foot vessel docked in the 500 block of Coconut Isle Drive, and an explosion involving a battery occurred about 2:45 p.m., according to Matt Little, spokesman for Fort Lauderdale Fire Rescue.

The cause of the explosion will be investigated by a Fire Marshal, Little said.

The man, who remained conscious after the explosion, was taken to Broward General Medical Center, Little said.

Little said he had no additional information about the incident. The man's latest condition was unavailable. Friends or relatives of the property owner couldn't be reached for comment despite a message left at a listed number.

There are lots of events in this article that any Experienced Attorney will see that the injured gentleman has grounds to file claim. First I would advise him to seek legal counsel from an experienced Personal Injury attorney who is also experienced in premises liability; workplace and boating accidents. He should then get all his medical reports and the accident from the First responders to present to his legal counsel along with his rehabilitation records. Once he has all this in place his attorney of choice would be able to advise him as to what his legal options are and how to proceed to ensure he gets the compensation that he rightfully deserves.

Should you or your loved one find yourself in a similar situation you should immediately contact my office as I am experienced attorney in personal injury and premises liability to ensure you know your legal rights and get the compensation you deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186. We have offices located throughout Broward: Fort Lauderdale, Coral Springs, Pompano Beach, Hollywood, Pembroke Pines, Weston; and Miami-Dade: Aventura.

Continue reading "Man in Fort Lauderdale receives serious burn injuries" »

Last month I posted a story on the recent cruise ship accident "Costa Concordia" in Italy. I discussed the some of the options that passengers may have should they decide to file suit against the owners Costa Cruises.

So following up on that last blog here is another article where the Italian Association of Tour Operators and consumer groups, where they reached a decision to pay out 11,000 Euros to all 3,200 passengers.

Rome (CNN) — Passengers of the Costa Concordia are expected to receive a compensation lump sum of 11,000 Euros ($14,400) each, the Italian Association of Tour Operators said in a statement Friday.

The captain of the ill-fated cruise ship is under house arrest and faces possible charges of manslaughter, shipwreck and abandoning ship.

This is food for thought, as in articles and reports I have read that filing suit against the owners of the Costa Concordia maybe impossible even though the owner of Costa Cruises is Carnival Corporation a US based company. I will continue follow this story and keep you informed on the outcome.

Should you or a loved one find yourself a victim of a cruise ship injury please contact and experienced attorney in this field who will ensure that you receive the proper compensation that you deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Cruising Liability - Where are MY rights!!!" »

Monday morning there it was on the news... NY Attorney to represent victims of the Costa Concordia Cruise ship accident. It was inevitable I was just waiting to see who would be the representing attorney and hear his views. Listening to him I decided to also do some research as he made valid comments in his interview, and I also found this article out of Milan..... I'm posting part of the article and will add the link for you to read more......

MILAN - Passengers of the doomed Costa Concordia launched a legal battle for compensation Tuesday, but experts expect the cruise operator to offer a settlement to stave off a court case.

In Italy, consumer rights' association Codacons said 70 passengers have joined a class action suit against the shipowner Costa Crociere.

"Over 70 passengers who were on board the ship have joined the class action suit initiated by our association," Codacons head Carlo Rienzi said in a statement.

"Our objective is to get each passenger at least 10,000 euros compensation for material damage and also for ... the fear suffered, the holidays ruined and the serious risks endured," he said.

The legal action will have to be judged admissible by a magistrate in a procedure that could take "some months," according to the co-head of the consumer rights association, Marco Ramadori.

Ramadori said he was "fairly confident" that the action would be allowed.

The Costa Concordia was carrying more than 4,200 people when it ran aground on Friday shortly after starting a seven-day Mediterranean cruise, leaving at least 11 dead and about two dozen still missing. Read more

So from all that I have read it looks like the surviving passengers of the Costa Concordia will have an uphill court battle against Costa Crociere who owns the "Costa Concordia". Some articles have stated that the victims will be barred from filing suit in the United States against Costa Crociere who owns the vessel, even though Carnival Corp who is Miami-based is the actual owner of Costa Crociere. Reason for this being the incident took place in Italian waters. They also go on to say there is a clause written into the Concordia's ticket that basically states all cruise ship lawsuits must be brought in the courts of Genoa, Italy. I am sure that is not the last of the case of the Costa Concordia that I will be writing about as this is pretty interesting and extremely knowledgeable. Also I read that even if the injured passengers pursue the lawsuit, compensation may be limited as apparently there is an International Agreement called the Athens Convention that caps the cruise ship operator liability to about $80,000 per person.

Contact us online or via 954 431 8100 or 305 624 9186 for your FREE consultation, should you find yourself a victim of a cruise ship accident to ensure you receive proper compensation.

Continue reading "Do you have any Rights as a Cruiser" »

Recently in the news we saw the sinking of the cruise liner off the coast of Italy. Eleven lives lost but the majority of the passengers and crew were saved. Then in the news the sister ship set sail from Miami and reporters interviewed some the passengers that were boarding for their cruise, all comments from the passengers were that they were excited for their trip. Honestly who would not cruising the blue Caribbean Sea, wish it was me, anyways back to the blog.

As a Fort Lauderdale attorney who has represented victims of cruise ship injuries over the past couple year’s injuries on board a cruise ship no matter how minor or serious they may be should not be taken lightly. This is the reason why my staff and I sat down and put together a list of procedures to follow should you find yourself a victim of personal injury whilst cruising.

1. Go to the ship's doctor to get treatment for your injury, should you require medical attention;
2. Write up an accident report with as much photographs of your injuries and submit to the Security department on board; keep a copy of the report for your record and any other medical bills that you may have incurred due to the injury;
3. Also get the ship’s Security Department report and keep for your records;
4. Your photographs should be of the immediate place where the incident occurred;
5. Should there be Witnesses make sure and get all their information;
6. You should visit the shore side doctor to check on your injury at the next port of call; keep your medical bills etc;
7. Should you decide to file suit or a claim, please see the Cruise Line ticket as that may specify where the suit/claim has to be filed. Miami is the headquarters of many of the large cruise lines so the ticket may specify Miami, Dade County, Florida. If suit is filed in the wrong location and one year has gone by, you could be thrown out of court and it will be too late to file in the correct location.

Should you be injured whilst cruising and you remember to follow maybe not all but at least some the steps we have prepared for you, seek immediate legal counsel once you are back from your trip to ensure you are compensated for your damages and medical bills incurred.

Hopefully, you will not have to worry about any of these things and you will have a safe and enjoyable vacation, however, it is better to be aware of your rights. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

Many accidents occur due to a driver being under the influence of drugs or alcohol but what about the driver being too drowsy to drive? Falling asleep at the wheel is as dangerous as a person drinking and driving. The result can be just as devastating. Getting little or interrupted sleep over an extended period of time can cause a person to become drowsy or fatigued, which can result in impaired driver's reaction time, judgment and their vision.

City Commissions in Margate, Plantation, Sunrise, Davie, Pompano Beach and the Broward County Commission have started a public awareness campaign is designed to educate the public of the dangers of driving while drowsy. Experts suggest we need 7 to 9 hours of restful sleep to maintain alertness during the day. Work schedules can be hectic. Shift workers are often affected as their schedules don't always coincide with getting the kids off to school. Working nights often affects your internal body clock; make a point of taking a nap if you know you will be on the road.

Always plan ahead and identify where you will stop along the way to rest and for meals. Taking the time to stretch or walk around during a long trip helps keep you energized and alert. On a long trip, you should take breaks about every 100 miles or every two hours of driving. A driving companion can not only share the driving but talk along the way, keeping you engaged and alert. Do the same on your return trip to avoid exhaustion or fatigue as you return to your regular routine.

Whether your or a loved one has been the victim of injury, always seek counsel from an experienced Personal Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

Florida the cruising capital of the world, the two main ports: Fort Lauderdale – Port Everglades and Miami – Port of Miami will be busy with ‘cruisers’. From families, couples or just groups of friends out to have a good time, everyone should be informed of what steps they should follow if they injured whilst on a cruise ship or cruising.

As a Fort Lauderdale attorney representing victims of cruise ship injuries over the past couple years my office has put together some steps you should take immediately or follow once you or a loved one are injured whilst vacationing on board a cruise ship.
1. Go to the ship's doctor to get treatment for your injury, should you require medical attention;
2. Take photographs of your injuries and keep records of all your medical bills etc
3. Prepare an accident report and submit to the Security department on the ship, keep a copy for your records;
4. Also get the ship’s Security Department report and keep for your records;
5. Take photographs of the scene of the incident before it changes, if possible. If the scene has changed, still take photographs;
6. Witnesses are very important so make sure and get all their information even if they live out of state or out of the country;
7. Should you require additional medical attention, go to a shore side doctor at the next port of call; keep your medical bills etc.
8. Should you decide to file suit or a claim, please see the Cruise Line ticket as that may specify where the suit/claim has to be filed. Miami is the headquarters of many of the large cruise lines so the ticket may specify Miami, Dade County, Florida.

NOTE: If suit is filed in the wrong location and one year has gone by, your claim could be thrown out of court and it maybe too late to file in the correct location.

The above are just some steps and things to remember if you plan a cruise vacation. Hopefully, you will not have to worry about any of these things and you will have a safe and enjoyable vacation, however, it is better to be aware of your rights.

Should you or a loved one be the victim of injury on board a cruise ship, please seek immediate legal counsel once you are back from your trip to ensure you are compensated for your damages and medical bills incurred. Our firm represents clients throughout Florida who have been injured in a boating accident, or individuals in a cruise ship accident anywhere in the Caribbean. If you or a loved one has suffered an injury as a result of a boating or cruise ship accident, contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

When you say South Florida you think sun, sand, South Beach and cruising. The Port of Everglades in Fort Lauderdale can now be called the home of Cruise ships with some of the largest ships making this port their home. Cruise ships may look sparkling clean and safe, but behind the surface lays an industry that lacks formal regulation and accountability for what occurs on-board. As an experienced Fort Lauderdale attorney practicing law for over 30 years, we have come across many incidents on board cruise ships that go unreported from sexual crimes, violent assaults covered up by ship personnel, to passengers that go missing — never to be seen again.

Most people are shocked when they learn just how poorly regulated the cruise industry is or how easily victims can find themselves with no recourse for the harm they may have suffered. Personal injury attorney’s have represented victims of these cruise ship mishaps and accidents or the families of these victims in any way we can to ensure that proper compensation is received. Attorneys have been working behind the scenes to ensure that the appropriate regulations and safeguards are enacted by Congress — so that dream vacations don’t turn into nightmares.

Should you be on your dream vacation cruising through the Caribbean and you find yourself a victim of personal injury on board the cruise ship, you should seek legal counsel from an experienced South Florida attorney to know your rights, and to ensure you are properly compensated.

As an experienced personal injury attorney practicing in Fort Lauderdale, accidents on board cruise ships happen all the time. It’s always good for you to know that you can find an attorney experienced in this type of personal injury matter, should you find yourself a victim.

Broward county’s Port Everglades and Miami’s Port of Miami are two of the busiest ports on the east coast for cruise ships. Numerous cruise lines use both these ports as their base, with ships cruising to the Bahamas and the Caribbean on any given day of the week, loaded with avid cruisers ready to start their vacation.

Last year just around this time of the year, dozens of passengers on a cruise ship, cruising in the Gulf of Mexico received injuries with the ship, avoiding an object in the water made an unexpected turn. A spokesperson for the cruise line stated that there were 2,052 passengers on board at the time and that none of the injuries were serious. The ship was on its way back to Galveston, Texas, the final leg of a five day cruise.

We receive calls from victims of personal injury inquiring as to whether they can file claim and if they can against whom and how to proceed. As an experienced personal injury attorney practicing in Fort Lauderdale and its environs, I always advise victims to seek legal counsel. One should contact your attorney as soon as possible with all the pertinent information for your claim. As much information as you can possibly give your attorney would assist in filing your claim and ensuring you receive proper compensation for your damages, loss wages and medical bills.

Should you or a loved one be the victim of a bicycle injury, contact us online or call at 954-431-8100 or 305-624-9186 to set up a FREE consultation to see legal counsel.

Careless boating and unheeded warnings led to a 16-year-old girl's leg getting cut by a boat propeller, on Hollywood Beach in Broward County. Lifeguards repeatedly warned the driver of the 22-foot boat to leave the swimming area, which was marked by buoys, but the boat owner continued ahead toward the beach area.

A teenage girl and her friends were swimming in about 3 feet of water, when the boat suddenly approached, and as they attempted to climb into it. Waves pushed the boat toward the shore and eventually, the driver revved the engine to prevent beaching his craft. As the boat propeller spun in motion, it struck three of the girls causing bruises and proceeded to cut one of them in the leg, leaving the girl in critical but stable condition and having to undergo surgery. The boat owner sped away after the accident, and was later found and charged in the negligent act and his boat was impounded after he was arrested in Fort Lauderdale.

In South Florida, there were over 650 reported boating accidents resulting in injury, death or serious damages every year. It is estimated, that there are at least another 350,000 non-registered boats using Florida's waterways.

Always seek legal counsel should you or a loved one find yourself a victim of a boating accident. Contact us; our firm can help you in this situation and many others.

As a Pompano Beach boating accident attorney, I was sorry to read about an accident that left a teenager in critical condition. As the Palm Beach Post reported Feb. 8, 14-year-old Gabby Desouza was scheduled to have her leg amputated that day after it was caught in a boat’s propeller. Desouza was hurt after she and several friends ran into the surf in Juno Beach to meet a boat. The boat’s operator apparently advanced too close to the teens and hit three of them. Desouza had the only reported serious injuries and was taken to St. Mary’s Medical Center in West Palm Beach, where she was initially reported in critical but stable condition. The Palm Beach County sheriff’s department is investigating.

According to an earlier article, Desouza and her friends were in shallow water on the afternoon of Feb. 5 when a boat approached, apparently with friends of the teens on board. Lifeguards repeatedly asked the boater to leave the swimming area, but with no effect. As the girls tried to get into the boat, a wave washed it closer to the shore. A bigger wave approached, and to keep from being grounded, the boater apparently revved the engine. Unfortunately, that pushed the boat forward into the girls, knocking them down and catching Desouza in the propeller. Her friends rushed her to shore to get medical help from lifeguards and the boat sped away. Authorities later found the boat at the Crab House in Jupiter, impounded it and detained two people believed to have been on board for questioning.

It’s not clear whether the boater in this case has broken any laws; the sheriff’s office will make that determination. But as a Miramar boating accident lawyer, I think it’s likely that the boat operator was negligent, regardless of whether he or she broke the law. Negligence is a concept in civil – not criminal – law, meaning failure in the duty to take reasonable care that we all owe one another. Not heeding the lifeguards’ repeated requests to get out of the swimming area was probably negligent. If the boat operator broke boating rules by being in the swimming area, which seems likely, that would also be negligent. Victims of negligence can recover damages when the negligence leads to serious injuries, as in this situation, but they have to sue rather than rely on prosecutors.

Continue reading "Leg of Palm Beach Gardens Teen Reportedly Amputated After Accident With Boat Propeller" »

As a Fort Lauderdale boating accident attorney, I was very interested to read about a proposed state law aimed at increasing the safety of parasailing. As the Atlanta Journal-Constitution reported Jan. 19, the Florida Legislature is considering the Alejandra White Act, a bill named in honor of an Atlanta-area woman who died from injuries suffered on vacation in Clearwater Beach. White and her fiance, Shaun Ladd, were on a parasailing expedition when the rope connecting them to the boat towing them snapped, leading to a crash that killed White. The bill, which is expected to be introduced in the legislative session starting March 8, would have a provision requiring quick-release harnesses, among other things.

Parasailing, a popular tourist activity in Florida, puts riders in seats attached to a parachute. The seats are connected by ropes to boats that tow them in the air. White and Ladd were visiting the Tampa area over Labor Day weekend of 2010 when their rope snapped. Ladd was able to get out of the harness and drop into the ocean, where he was not seriously injured. But White couldn’t get out of the harness and was blown onto shore, where she hit several umbrellas before being impaled on a volleyball pole. She died six days later. The parasailing industry is completely unregulated in Florida and under federal law, MyFox Tampa Bay reported. In addition to the quick-release harness, the proposed law would require operators to carry insurance, keep operators at least 1,800 feet offshore, set standard for unsafe weather and require tow ropes of no more than 800 feet.

As a Hollywood boating accident lawyer, I’m very much in favor of this law. While parasailing accidents like this one are fortunately not common, that doesn’t mean there’s no need to keep parasailers safe. No one wants to (or ought to) die on vacation, and the Florida tourist industry hardly wants a reputation for being deadly. A change as simple as a quick-release harness could have turned White’s deadly accident into a scary but survivable experience. And to ensure that everyone is protected, it makes sense to require such a harness from every parasailing business. Most of the other provisions of the bill listed also seem to be attempts to increase safety. The insurance provision, however, is likely an attempt to address the sad question of what happens when there is an accident. One successful lawsuit could bankrupt a small business, so the required insurance would protect those businesses while ensuring that any victims are able to get fair financial compensation.

Continue reading "Florida Legislature Considers Tightening Parasailing Regulations After Deadly Accident" »

As a Pembroke Pines cruise ship accident lawyer, I was interested to see a report of a disruption on a cruise ship caused by a communicable virus. As WTSP in Tampa reported Jan. 9, the Radiance of the Seas, a Royal Caribbean cruise liner, suffered an outbreak of norovirus during a five-day cruise to Cozumel and Costa Maya in Mexico. Norovirus is a gastrointestinal illness causing vomiting, diarrhea and stomach pain. The report didn’t say how many people on the ship fell ill, but one passenger estimated that it was “hundreds” out of a total capacity of 2,500 passengers. The ship was held in Tampa for an extra five hours for an extra thorough cleaning, the report said, and Royal Caribbean asked passengers to consider rescheduling if they hadn’t been feeling well.

Norovirus is actually a group of viruses that are the most common cause of gastroenteritis -- more commonly known as stomach flu. It is highly contagious and notorious for causing outbreaks in semi-closed institutions like college dorms or nursing homes. According to passengers interviewed by WTSP, the viral outbreak had passengers throwing up in bathrooms throughout the ship. One passenger said she was “out of it” for three of her five days on board. Royal Caribbean took precautions, some passengers said, such as offering free medical care, sanitizing surfaces and taking away potentially infectious objects like menus and salt shakers. But other passengers said the company was not responsive enough to passengers whose vacations were disrupted.

I hope Royal Caribbean did everything it could to control the outbreak, because as a Fort Lauderdale cruise ship accident attorney, I know how nasty norovirus can be. Because norovirus is highly infectious, it’s essential for potential outbreak centers -- such as cruise ships -- to take aggressive steps to stop the spread. That means staff members must (and passengers should be encouraged to) wash their hands thoroughly after the bathroom, before preparing food and any other time they have infectious potential. Areas of the ship, clothes and linens that were infected (for example, by a vomiting episode) should be cleaned and disinfected as soon as possible. Failure to do this falls short of the best medical practices for stopping an outbreak and could expose Royal Caribbean to a cruise ship lawsuit.

Continue reading "Viral Outbreak on Cruise Ship Harbored in Florida Forces Delay of New Cruise" »

As a Broward County boating accident attorney, I was disappointed to see an article about a serious crash between two boats in Biscayne Bay. The Miami Herald reported Nov. 29 on the crash, which took place that day just after 1 p.m. Witnesses told the Florida Fish & Wildlife Conservation Commission that both 30-foot-plus vessels were speeding, although it wasn’t clear how they came to collide. As a result of the crash, however, one man was airlifted to a trauma center and two others died at the scene. One of those who died was Steven Posner, a wealthy real estate investor whose family has been in the news for its battles over inheritance of large estates. Another victim was Posner’s cousin Stuart Posner, who was injured.

The initial crash threw at least some of the people on board the boats into the water east of Matheson Hammock Marina. Nearby boats saw the collision and called for help. A Miami-Dade Fire-Rescue boat responded. Rescue crews used the boat as a staging ground for the critically injured victim, who had to be lifted in a basket into the helicopter, which took him to the Ryder Trauma Center. Another victim suffered minor injuries and was taken by land to another hospital. The spokesman for the FWCC described the crash as “horrific.” He said it wasn’t clear whether all of the seriously injured people came from the same boat, but did say that all of the people aboard both boats had been accounted for. He also said autopsies would be performed.

Even without the business celebrity aspect, this story would have caught my eye as a Hialeah boat accident lawyer because it’s highly likely that some negligence was involved. In fact, if witnesses are correct that both boaters were speeding, both parties may be partly to blame for the crash. Many people in Florida don’t see boating as an activity requiring safety precautions, but it absolutely is. Just like cars, boats are (usually) motor vehicles capable of speeds fast enough to reduce reaction times to an unsafe level. And unlike cars, boats don’t usually have designated lanes or lane markings, meaning they can be less predictable and wander out of their intended paths more easily. That’s why the FWCC pushes boating safety so hard -- including warnings against speeding as well as warnings about boating under the influence and the importance of life vests.

Continue reading "Speed Blamed for Boat Collision in Biscayne Bay That Left Two Men Dead " »

As a Miramar boating accident attorney, I know Florida typically leads the nation in sheer number of boating accidents, avoidable tragedies that affect both our own citizens and our tourists. That’s why I was pleased to see an Oct. 16 article in the Tallahassee Democrat saying that younger boaters in Florida will soon be required to pass a safety course before they can hit the water. The Florida Fish & Wildlife Conservation Commission, which is responsible for regulating recreational boating in our state, made the rule effective Jan. 1, 2010. The FWC also lowered the threshold for an enhanced penalty for boating under the influence to match the DUI threshold of 0.15%.

Under the new requirement, any boater 21 or younger must take an approved safety course to legally operate a boat. They then have 90 days to submit their certificates of completion to receive the boating safety ID card. The requirement expands on an existing boating safety course requirement that applies to people who have committed certain boating infractions or crimes. It also puts Florida in the company of in 41 other states that require boating safety education for at least some boaters, including neighboring Georgia and South Carolina. The Democrat quoted a FWC official saying that boating registrations are increasing in Florida, adding to about a million registered vessels in the state and increasing the need for safety training.

As a Hallandale Beach boating accident lawyer, I’m very pleased that the FWC has taken this step, although I would prefer that the requirement apply to boaters of all ages. The FWC’s accident statistics for 2008, the most recent report available, said that 73% of all boating accidents and 93% of fatal accidents involved boat operators with no boating education. Those statistics make a strong case that training matters. Furthermore, the majority of boats involved in accidents are motor vehicles just like cars and trucks -- but often even bigger. Most of us wouldn’t dream of allowing unlicensed, untrained drivers on the roads, particularly child drivers. The same should be true on the water, where there are no marked lanes and boat operators may be more likely to drink.

Continue reading "New Law Will Require Boaters Under 22 to Complete Boating Safety Course " »

A Broward County father and son narrowly avoided serious injuries when they were hit by a passing boat, the South Florida Sun-Sentinel reported July 6. Rudy Perez and his 15-year-old son, Christian Waters-Perez, were snorkeling during the Sunday incident. Fortunately, they weren’t seriously hurt when a 26-foot boat passed overhead, hitting Perez in the head and Waters-Perez in the legs. As required by law, they had their red-and-white dive flag up, warning boaters to stay 100-300 feet away.

According to Perez, he and his son were about 200 yards off the Hollywood coast when a boat with the ironic name Karma hit them. He described it as having a white hull and a light blue canopy over the console. The operator waved at the snorkelers and apologized, but didn’t slow down or stop. Jorge Pino, a spokesman for the Florida Fish & Wildlife Conservation Commission, said the operator might face criminal charges if found -- but because boat names aren’t necessarily on registrations, a record search may not help. The incident left Perez with a headache and Waters-Perez with a limp, but both said they would be fine.

I am pleased that this accident didn’t cause more serious injuries. As a Fort Lauderdale boating accident lawyer, I know that boats can cause serious damage to a human body -- especially if hitting the hull produces a head injury, or the victim gets tangled in a propeller, both of which can fatally incapacitate a swimmer. However, if these two victims had suffered more serious injuries, the description in the article suggests that the boater would have been at fault. That would make him or her legally liable in any Aventura boating accident lawsuit the family might choose to file.

Continue reading "Police Looking for Boat Involved in Hit-and-Run Accident With Pembroke Pines Snorkelers" »

The U.S. Supreme Court has ruled that a former seaman injured on the job may sue his ex-employer for refusing to pay his medical bills and maintenance, the Florida Times-Union reported June 26. The ruling means that Eddie Townsend may continue his lawsuit against former employer Atlantic Sounding, including a claim for punitive damages intended to punish serious wrongdoing. In the 5-4 decision, the majority wrote that the Jones Act, which allows people injured in maritime jobs to sue their employers for medical care and replacement wages, allows punitive damages when employers show “willful and wanton disregard” for their obligations.

Townsend was working on a tugboat at the port of Fort Lauderdale when a fallen line knocked him to the deck, breaking his shoulder. When he told his supervisor, he was told he would be fired if he reported the injury. He tried to work the next day but couldn’t, so he reported his injury anyway -- and was fired, just as predicted. His employer, Atlantic Sounding, refused to pay his medical bills or maintenance while he recovered, on the grounds that he had left the boat. (Most Florida employers must offer both of these benefits through the Florida workers’ compensation system.) With no health insurance, he wound up living in his car in North Florida. Eventually, he sued Atlantic Sounding.

The Jones Act, formally known as the Merchant Marine Act of 1920, is a form of workers’ compensation for sailors and others who work in navigable waters. It allows seamen like Townsend, who were injured at work, to sue employers whose carelessness caused or contributed to the accident. All such claimants can claim money to pay their medical bills and living expenses while they cannot work. Federal appeals courts had split over whether they could also claim punitive damages -- payments intended to punish and deter lawbreaking -- in cases involving injuries and maintenance pay. The Supreme Court resolved that split with last week’s ruling, saying they can.

As a Fort Lauderdale boating accident attorney, I am delighted with this ruling. Firing someone for reporting an accident literally adds insult to injury, and Atlantic Sounding’s actions would have been illegal for most Florida employers. That makes this case extremely appropriate for punitive damages. Thanks to this ruling, Townsend can claim the true cost of his injuries -- not just the medical care and reduced wages that would have allowed him to make ends meet while he recovered, but damages for his wrongful firing and the troubles he faced afterward. The ruling doesn’t necessarily mean that Townsend will win his case or collect a large amount of money, but it means that if he does win, he will be able to claim fuller, more appropriate compensation that recognizes Atlantic Sounding’s serious wrongdoing.

Continue reading "Supreme Court Allows Florida Man to Claim Punitive Damages in Jones Act Lawsuit Over Workplace Injury" »

A trial has begun in Naples in a lawsuit alleging that design defects were responsible for a woman’s disabling and disfiguring injuries, the Naples Daily News reported June 8. Audrey Decker, 64, and her husband, 66-year-old Fred Decker, are suing boat engine manufacturer Boston Whaler over a 1999 accident in which Audrey Decker fell overboard, sustaining serious injuries when her body became entangled with the boat’s propeller. The case was contentious, with the judge in the case repeatedly warning defense attorneys that they would be penalized if they continued to reargue settled issues or personally attack the plaintiffs’ attorneys.

Fred Decker was cited for careless operation of his boat that day, with alcohol involvement, but no charges were filed. However, the Deckers’ claim is a South Florida products liability lawsuit, which means that the reason Audrey Decker fell overboard isn’t being disputed. Instead, the couple alleges that the boat was defectively designed because manufacturers didn’t include a propeller guard, an inexpensive part that keeps objects out of the path of the propeller’s sharp blades. The judge ruled that the case is about the “crashworthiness” of the boat -- meaning that, because boating accidents are foreseeable, the question is whether the manufacturer did enough to forestall serious injuries in accidents.

A June 6 article from the Daily News details the injuries Audrey Decker suffered in the accident. She lost her left eye, her left breast and part of her nose and lip in the accident. Doctors saved her left arm, but it’s heavily scarred and the slightest touch causes her pain because of nerve damage. Her face is heavily scarred and disfigured by the loss of fat and bone. She has had 40 operations since the accident, but children and adults still stare sometimes, making her reluctant to leave the house. She takes pain medication regularly and needs help performing household tasks. She can no longer work, and the Deckers sold their home to pay some of her medical bills, living in a trailer for two years before they could afford another.

The Daily News cited federal statistics saying Americans had 80 accidents with boat propellers in 2007, causing seven deaths and 75 injuries. As a Pompano Beach boating accident lawyer, I know that’s a tiny fraction of boating accidents -- the U.S. Coast Guard reported 685 deaths from recreational boating in the same year. The same report said 485 people fell overboard from any cause, suggesting that it’s easy for boating companies and boat parts manufacturers to anticipate falling-overboard accidents. As with all manufacturers in Florida, these boating manufacturers are legally obligated to design products that don’t pose an unreasonable risk, including a risk from a foreseeable accident. If they fail in that duty, victims have the right to hold them responsible for the results with a Miami-Dade product defects lawsuit.

If you or someone you love was seriously hurt in South Florida by flaws in any consumer product, you have the right to hold the manufacturer legally liable for the results. That includes design flaws, manufacturing problems and failure by the manufacturer to warn you about the dangers of using the product. Cohn, Smith & Cohn can help. Our Cape Coral defective product lawyers have more than 25 years of experience helping Floridians get justice after a serious accident. We can help victims win the money they need to pay medical bills; make ends meet while they cannot work; and compensate them for the painful and sometimes lifelong effects of a serious injury.

Our Davie product defect attorneys offer free, confidential consultations to all potential clients. To set one up, please call our main Hollywood office at (954) 431-8100 or contact us online today.

The Coast Guard has ended its efforts to find a young man from Louisiana who fell overboard on a cruise ship, the South Florida Sun-Sentinel reported May 27. Bruce O’Krepki fell from the Carnival Fantasy 150 miles southwest of Tampa at around 9:45 on Sunday night, the article said. The Coast Guard had searched more than 5,000 miles of the Gulf of Mexico for him, but stopped their efforts two days after the accident, on Tuesday night.

O’Krepki was on a cruise celebrating his graduation from St. Thomas Aquinas High School in Hammond, Louisiana, with 30 classmates and family members, including his own parents. After leaving from New Orleans, the ship was headed for Key West. A soccer and track player, O’Krepki had planned to attend Louisiana State University, where an older brother is a student, on an academic scholarship.

The article doesn’t give enough details about the accident to judge how it could have happened. But as a Broward County cruise ship accident lawyer, I hope O’Krepki’s loved ones are doing everything they can to preserve evidence if they believe the cruise ship line was at fault. Cruise ships spend most of their time in deep waters, outside the jurisdiction of the state of Florida, and they typically have their passengers sign contracts that give them just one year after an accident to file any lawsuit (and restrict them to a court of the cruise company’s choice). That means passengers must move very quickly to preserve the evidence and their right to sue after an accident.

Fort Lauderdale cruise ship accident lawsuits are particularly complicated to pursue because normal personal injury laws don’t generally apply to them. Florida state law no longer applies when a ship is more than three miles off Florida’s coast. Depending on the location of the ship, the port it left from and its registered home port, federal maritime law and one or more foreign countries’ laws might apply instead. Sorting out the right laws, preserving victims’ right to sue and properly valuing a claim for a cruise ship accident can be difficult and time-consuming, which is another reason experts tell victims to contact a cruise ship attorney as soon as possible.

Our firm, Cohn, Smith & Cohn, represents victims of cruise ship injuries and their families in lawsuits over serious injuries and criminal assaults on ship. Our Miami cruise ship accident lawyers represent people from around the United States in Florida federal and state courts. We can help victims recover compensation for their injuries, pain, suffering and all of the financial costs of the accident. If you or a loved one was injured by the carelessness of a cruise ship company or employee, we can help. To learn more at a free consultation, please contact us online or call our main Hollywood office at (954) 431-8100.

In possibly the most serious boating accident Florida has seen in 15 years, a crash between a 22-foot vessel and a tugboat killed five people, the Florida Times-Union reported April 16. The newspaper said the pleasure craft was carrying 14 people when it hit a 25-foot tugboat anchored at a dock construction site near Palm Valley. The crash killed five people and injured nine others, throwing many into the water. Nobody was on board the tugboat. Investigators from the Florida Fish & Wildlife Conservation Commission are investigating the cause of the accident.

Initial reports suggested that authorities were investigating the tugboat. However, the Times-Union reported that the 22-foot boat, which is rated for only 12 passengers, was overloaded with the 14 people on board. Rescuers also found alcohol aboard, the newspaper said, although it is not clear who may have consumed it. A spokesman for Fish & Wildlife also said that speed was likely a factor, given the amount of damage to the vessels. Authorities have already interviewed the crash survivors who were able to talk about the accident, but expect the full investigation to take quite a while. The National Transportation Safety Board, which is investigating along with Fish & Wildlife, said its investigation could take a year.

It’s clearly too soon to say whether carelessness or intoxication contributed to this accident. But if it did, victims and their loved ones would be entitled to file a Florida boating accident lawsuit against the person or people responsible for the bad decisions. In addition to the possibility that someone may have been boating under the influence -- a criminal charge in Florida -- there is also the possibility that inexperience and overloading the boat caused or contributed to the accident. And because the crash took place in a dock construction site, a good South Florida boating accident lawyer should also look into whether the construction site and tugboat were well-marked and compliant with all safety regulations.

If you or someone you love was seriously hurt in a Florida boat crash like this one, our firm, Cohn, Smith & Cohn, can help. Serious accidents can leave their victims with severe financial hardships as well as debilitating injuries, pain or grief. In a Miami-Dade boating accident lawsuit, these victims can win the money they need to pay their medical or funeral bills and other costs of the accident, make up for lost wages and compensate them for their losses, injuries, pain and suffering. To learn more about your options and your rights at a free consultation, please contact Cohn, Smith & Cohn online or call today at (954) 431-8100.

Fourteen customers of Celebrity Cruise Lines who were seriously injured in a bus accident overseas returned to Florida for treatment, the Miami Herald reported Feb. 26. The passengers were injured on a road near Roseau, Dominica, when the driver of the open-air “makeshift bus” they were riding in lost control and slammed into a ditch. The driver, an employee of a company that contracts with Celebrity, told reporters that the brakes on the vehicle failed. Five of the passengers were listed in critical condition and two in serious condition, the Herald said. All of the injured people are U.S. citizens.

Accidents involving cruise ships are a complicated subject, even for a Fort Lauderdale cruise ship attorney like me. Cruise ship companies routinely hand their passengers a very complex contract to sign -- and buried somewhere in that contract is language that limits their legal liability. Furthermore, accidents on shore excursions like this may be subject to local law, while accidents on board ship could be governed by federal maritime law. However, many contracts specify that cruise ship injury claims should be heard in South Florida, and the ship’s home country’s law may also apply. And when a third party is involved, such as the company that employed the driver, multiple parties and their insurance companies could share legal responsibility for the accident.

For those reasons, the deck is already stacked against people who are considering a cruise ship accident claim in Miami or anywhere else. On top of this, cruise ship contracts often set a shorter deadline by which you must sue than the deadline (statute of limitations) set by Florida state law. Filing in the wrong court, or waiting too long to file, could limit your ability to sue at all if you’re not careful. And of course, passengers who were seriously hurt on a cruise are already dealing with their injuries, medical needs and the financial problems that can result.

That’s why experts recommend that people who were seriously injured on cruise ships get help from an experienced South Florida cruise ship accident attorney. At Cohn, Smith & Cohn, we have represented accident victims throughout South Florida for nearly 25 years. Based in Pembroke Pines, we represent clients throughout the state who have been seriously injured or lost a loved one through another person or organization’s negligence. If this sounds like your situation and you’re ready to fight back, we offer free, confidential consultations to help you get started. To set one up, please contact us as soon as possible.

Thanks to statistics from the U.S. Coast Guard (PDF), Floridians know that we have the highest number of boating accidents in the United States. Given our wealth of coastline and waterways, maybe that’s not surprising -- after all, there aren’t many boating opportunities in Kansas. But as a personal injury lawyer in South Florida who’s handled many boating accident lawsuits, I’ve hoped and believed that we can do better.

For that reason, I was pleased to read in an article on the Web site of Miami’s CBS 4 that we may have some good news at the end of this year. The main part of the article is about the tragic death of recreational boater David McMillan, who was just 34. My sympathies go out to his family and friends. But further down in the article, we learn that a $350,000 boating safety awareness campaign by the Florida Fish and Wildlife Conservation Commission may be paying off. CBS reported that boating-related deaths are actually on track to drop in Florida for the third year in a row. As of early August, the article said, there were 32 boating deaths in the year 2008 in Florida, compared to 54 during the same time in 2007.

In fact, according to the FWC, the rate of fatal accidents has been declining since 2005, when 80 fatalities were reported for the entire year. And that’s true even though the number of registered vessels in Florida is increasing. As the agency points out as part of its Wear It Florida campaign , the majority of boaters involved in fatal accidents are actually older people with substantial boating experience -- not drunk, inexperienced or speeding kids. Most often, they know how to swim, but aren’t wearing the life jacket that could save them when they grow tired or are knocked unconscious.

The FWC’s and Coast Guard’s statistics both track recreational vessels only -- meaning that accidents involving cruise ships and other commercial vessels aren’t part of those numbers. And because cruise ships can be dangerous places that aren’t always held accountable by Florida law, I would certainly prefer to see them tracked in some way. But despite that omission, it’s cheering to hear that our state’s safety campaign is working. Let’s hope 2008 and 2009 continue this trend.

If you or someone you love was hurt in a boating accident or injured on a cruise ship off Florida’s coast, contact Cohn, Smith & Cohn for a free evaluation of your legal claim.