Articles Posted in Boating Accident Injury & Death

Florida-Keys-Dive-Lawsuit.jpgOur firm has filed a wrongful death lawsuit on behalf of the family of a Florida Key’s dive boat crewmember who lost his life. On the night of November 15, 2015, the crewmember was serving as a deck hand aboard a dive boat while seventeen SCUBA divers were participating in a wreck dive. Court papers allege that at the end of the dive profile, four of the seventeen divers had not returned to the dive boat. The captain observed two of the divers approximately 300-400 feet away and the other two further down current. The crewmember entered the water to assist the divers back to the dive boat. He reached the first two divers and provided them a fixed line so they could be pulled back to the dive boat. He then continued to swim to the other two divers further down current — now about a half mile from the dive boat. While the crewmember was swimming to the two remaining divers, the Captain retrieved the dive boat’s anchor, stowed the deployed appurtenances. By the time the captain made way and maneuvered the dive boat to the crewmember, he was found floating unresponsive. He later perished leaving behind a wife and two minor children.
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Yacht_Solemates_Lawsuit.jpgBBR has been retained by a seafarer who was injured while working as a sous chef aboard the mega yacht Solemates. The seafarer alleges in a Florida lawsuit that she was ordered to lift an overhead hatch that was damaged and ill maintained. Given its condition, the hatch required an extraordinary amount of force to lift. While attempting to open the hatch open as ordered, the seafarer sustained a significant personal injuries including a C5/6 left posterolateral disc herniation causing compression on the left spinal court and posterior displacement of the left C7 nerve root. The complaint alleges that her employer was negligent, among other reasons, for failing to maintain or replace the hatch and that the Solemate was unseaworthy giving the poor condition of the hatch she was ordered to open. The Complaint also seeks damages for her employer’s continued failure to pay for her medical care and treatment as required under the law.

Keith Brais.jpgThomson Reuters’ Super Lawyers has selected our managing partner Keith Brais as a 2016 inductee into Super Lawyers. This distinct honor is enjoyed by less than 5 percent of all attorneys. What is particularly impressive is that Keith has achieved this impressive credential for eight consecutive years. The objective of Super Lawyers “is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.” In selecting attorneys for Super Lawyer, a rigorous multiphase process is utilized. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

Besides being named a Super Lawyer, Keith has been a Florida Board Certified Admiralty and Maritime attorney since 1996, AV Preeminent rated by Martindale Hubbell for several years, a repeat inductee into the Multi-Million Dollar Advocates Society (achieved by < 1% of all attorneys) and most recently selected by Florida Trend's magazine as a Legal Elite.

Keith's principal practice areas include catastrophic personal injuries and wrongful death claims involving cruise ship passengers, crewmembers, yacht guests & crew, resort vacationers and hotel guests with an emphasis in the fields of premises liability, negligent security and products liability. If you have been injured and would like to learn more about your legal rights, contact Keith or the other attorneys at Brais Brais Rusak.

Fort Lauderdale.gifThe Florida Board Certified maritime lawyers of BBR have been retained to represent a crew member who became injured while working aboard a yacht docked in Ft. Lauderdale. In this case, a deck hand suffered serious back injury when ordered to lift a heavy gangway by himself in violation of the yacht’s own policy of having two people lift the gangway. Florida is the winter yacht capital of the world. Many crew members from these yachts are unaware that they may be protected by the very liberal maritime law which requires their employers to pay for medical bills, living expenses while they are recuperating from their injuries and provide damages in the form of pain and suffering as well as lost wages.

Miami Boat Injury Lawyer.gifOur law firm has been retained by a deckhand who was injured while working aboard a recreational boat on Biscayne Bay. Court papers allege our client was cleaning up after a party when the owner of the boat collided with a piling located near the mouth of the Miami River. The collision caused our client to be thrown into the closed salon door resulting in a permanent and debilitating knee injury. Under maritime law, an employer is required to provide workers a reasonable safe and seaworthy boat to work upon. The complaint alleges the legal duty was breached by the actions of the boat owner. This lawsuit is currently pending before the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.

Florida Boat Accident Lawyer.gifFlorida boat accident attorneys Keith Brais and Richard Rusak filed suit on behalf of a Sarasota man who was injured in a boating accident occurring in Big Pass. On October 3, 2010, a 32′ boat struck a sandbar causing serious personal injuries to Brais & Rusak’s client. The Complaint alleges the boat operator failed to maintain a safe speed, post a lookout and familiarize himself with navigational hazards known to local mariners.

Indiana Cruise Injury Lawyer.jpgThe maritime accident attorneys of Brais & Brais brought suit in Federal court against the United States for injuries sustained by an American civilian seaman serving aboard a naval seismographic vessel. The complaint filed in West Palm Beach, Florida alleges the government’s negligence and the naval vessel’s unseaworthness caused the civilian seaman to fall several feet while changing an overhead light fixture without appropriate equipment. The fall resulted in severe injuries to the Indiana man’s coccyx, left leg, ankle and toe necessitating 7 surgeries including a fasciotomy. The seaman was also diagnosed with the neurological disorder Reflex Sympathetic Dystrophy which the complaint attributes to the delay by the government’s agent in providing appropriate medical care. The lawsuit seeks 5.2 million dollars in damages.

WTSP.com reports a boating accident off the Sunshine Skyway has killed one boater. Two commercial fishermen were fishing Tampa Bat when the 18-foot vessel ran aground on a sandbar. According to the Florida Fist and Wildlife Commission, the grounding caused Anthony George Loveridge, 42, of Zephyrhills to be ejected from the vessel and was struck by the prop. He was not wearing a life jacket.

The Miami Herald reports a Miami-Dade, Florida man was killed Saturday when he fell off a 65-foot luxury yacht Gotcha and was pulled into the boat’s propellers.

Juan Carlos Morales, 45, was standing on the diving platform off the back of the boat when he lost his footing and fell into the waters of Biscayne Bay. The victim was a fried of the yacht’s owner. It is not known if alcohol played a role in the accident, or whether Morales was tossed into the water by the choppy water.

News 7 reports Coral Springs Police and Florida Fish & Wildlife Conservation Commission (FWC) officials responded to the scene of the accident near the 11000 block of S.W. First Street on the afternoon of August 21st.

Coral Springs Police stated 17-year-old Randolph Bieszczak was inner tubing the canal with two of his friends. Witnesses said the tube carrying Bieszczak hit the bank of the canal. The teen died at the scene.

“We were all taking out this boat, and I went to my house. The next thing you know, I saw the helicopters came,” said Chad Farrell, a friend of the victim.