Authorities say the crash occurred off Tavernier and remains under investigation.

The incident happened around 4:45 p.m. Friday in waters off Tavernier, an Upper Florida Keys community located between Key Largo and Islamorada in unincorporated Monroe County.

According to Monroe County Fire Rescue:

• A center-console boat struck a channel marker
• The impact caused the vessel to partially sink
• Six people on board were ejected into the water
• First responders rushed to the scene to rescue victims

Officials confirmed that four people were transported to local hospitals following the crash. Their conditions have not been publicly released.

Vessel Struck Channel Marker Before Partially Sinking

Investigators say the boat hit a fixed navigation channel marker, which is designed to guide vessels safely through marked waterways. The force of the collision was strong enough to eject all six occupants from the vessel.

Images from the scene show the damaged boat partially submerged in the water after the crash.

Authorities have not yet released details about:

• The speed of the vessel at the time of impact
• Who was operating the boat
• Whether weather or visibility played a role
• Whether alcohol or mechanical issues were factors

The Monroe County Sheriff’s Office is continuing its investigation.

Common Causes of Serious Florida Boating Accidents

Florida consistently ranks among the states with the highest number of boating accidents and fatalities. Many serious boating crashes occur due to preventable factors, including:

• Operator inattention
• Excessive speed
• Operator inexperience
• Boating under the influence
• Failure to follow navigation markers
• Mechanical failure
• Poor visibility or hazardous water conditions

Striking fixed objects such as channel markers, docks, or buoys can result in catastrophic injuries, especially when passengers are not wearing life jackets or are thrown from the vessel.

Injuries Frequently Seen in Boat Crash Ejections

When passengers are ejected during a boating collision, they can suffer severe or life-threatening injuries such as:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Internal bleeding
• Drowning or near-drowning injuries
• Lacerations from debris or propellers

These incidents often require emergency rescue operations and hospitalization.

Liability After a Florida Boating Accident

Victims injured in a boating crash may have the right to pursue compensation if negligence contributed to the incident. Potentially liable parties can include:

• The boat operator
• The vessel owner
• Rental companies
• Manufacturers of defective equipment
• Other negligent boaters

Compensation in a boating injury claim may include medical expenses, lost income, long-term rehabilitation costs, and pain and suffering.

Speak With a Florida Boating Accident Attorney

Serious boating accidents can leave victims and their families facing overwhelming medical and financial challenges. Understanding your legal rights is critical after a crash on Florida waters.

The attorneys at Flanagan & Bodenheimer Injury & Wrongful Death Law Firm handle catastrophic injury and wrongful death cases throughout Florida, including boating and maritime accidents.

Our firm offers free consultations and only collects fees if we successfully recover compensation for you. If you or a loved one were injured in a boating accident, our legal team is available to help you understand your options and pursue justice.

State, local, and federal agencies including the U.S. Coast Guard and the Florida Fish and Wildlife Conservation Commission (FWC) responded to the emergency. Three passengers were recovered on Saturday; two were tragically pronounced dead, and a third remained hospitalized in critical condition. On Sunday, following an extensive search, the body of a 60-year-old missing passenger was recovered. Authorities have not yet released the names of the victims, and the cause of the accident remains under investigation.

This heartbreaking incident raises important questions about boating safety, liability, and the legal rights of victims and their families under Florida law.

Florida consistently leads the nation in boating accidents due to its high recreational boating activity. Catamarans—while generally stable vessels—can overturn under various conditions, including:

• Sudden or strong winds
• Mechanical failure
• Improper weight distribution
• Excessive speed
• Operator inexperience or negligence
• Dangerous river or tidal currents
• Failure to maintain or inspect the vessel

When a vessel flips suddenly, passengers can be ejected into the water, potentially resulting in drowning, blunt-force trauma, or hypothermia.

Because the cause of this tragedy is still being investigated, multiple liability avenues may come into play once officials determine what went wrong.

Legal Options for Victims and Families After a Fatal Boating Accident

Families who lose loved ones in boating accidents often face overwhelming grief, unexpected funeral costs, and long-term financial hardship. Under Florida law, victims and surviving family members may have several legal avenues depending on the circumstances of the accident.

Below are the most common claims arising from a capsizing or vessel-overturn incident:

1. Wrongful Death Claims (Florida Statutes § 768.16 – § 768.26)

If the accident was caused by negligence—whether by the boat operator, a rental company, a maintenance provider, or another vessel—families may file a wrongful death claim seeking compensation for:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and protection
• Mental pain and suffering of surviving family members
• Lost income and benefits the decedent would have earned

Only the personal representative of the estate may file the claim on behalf of the surviving family.

2. Claims Against the Boat Operator

If the vessel was owned or operated by an individual who:

• failed to navigate safely,
• operated at unsafe speeds,
• ignored weather or water conditions, or
• lacked proper boating experience or training,

they may be held liable for negligence that led to the overturn.

3. Claims Against a Boat Rental Company or Tour Operator

If the catamaran was rented or part of a charter excursion, the business may be liable for:

• Failure to provide proper safety instructions
• Failure to maintain the vessel
• Allowing inexperienced or untrained individuals to operate the boat
• Providing unsafe or defective equipment

Companies have a duty to ensure their vessels are seaworthy and safe for public use.

4. Product Liability Claims

If a structural or mechanical defect caused or contributed to the catamaran overturning, families may pursue a product liability claim against:

• The vessel manufacturer
• The manufacturer of a defective component (e.g., rudder, mast, flotation device, hull)
• A repair or maintenance company that improperly serviced the vessel

5. Maritime and Admiralty Law Claims

Because this accident occurred on navigable waters, federal maritime law may apply. Maritime wrongful death claims differ from Florida wrongful death law and can impact:

• Who can recover
• The types of damages available
• The applicable statute of limitations

An experienced maritime injury attorney can determine which legal framework provides the strongest case.

Why an Immediate Investigation Matters

Evidence in boating accidents can disappear quickly due to water conditions, weather, and vessel salvage efforts. A timely investigation is essential to preserve:

• Eyewitness statements
• Vessel maintenance records
• Weather reports
• Surveillance or marina footage
• GPS and navigational data
• Inspection of the overturned vessel
• Safety equipment condition

In many cases, identifying liability early significantly strengthens the claim.

How Our Firm Helps Families Affected by Boating Tragedies

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we represent victims and families of catastrophic boating accidents throughout Florida. Our team:

• Conducts immediate investigations
• Works with maritime experts, accident reconstruction teams, and engineers
• Obtains Coast Guard and FWC reports
• Identifies all potential liable parties
• Pursues maximum compensation under Florida and federal law

We understand the profound emotional, financial, and legal challenges families face after a sudden and preventable loss. Our goal is to help you find answers, accountability, and justice.

If you or someone you love was affected by the catamaran accident on the Caloosahatchee River—or any boating accident in Florida—our attorneys are here to help.

📞 Call us 24/7: (305) 638-4143

The crash occurred around 6:20 p.m. in the port area across from Jetty Park. Canaveral Fire Rescue confirmed that seven victims were transported to local hospitals, with four listed as trauma alerts due to the severity of their injuries. Multiple agencies responded to the scene, including the Brevard County Sheriff’s Office, Port Canaveral authorities, and emergency rescue units.

The Florida Fish and Wildlife Conservation Commission (FWC) is leading the investigation to determine what caused the boat to crash into the rock barrier. Officials have not released the names of those injured, and the circumstances surrounding the collision remain unclear.

Florida has more registered recreational vessels than any other state — and, unfortunately, consistently leads the nation in boating accidents. Jetty Park and Port Canaveral, in particular, are high-traffic waterways used by commercial vessels, recreational boaters, fishermen, and cruise ships.

Common causes of rock jetty and shoreline collisions include:

• Operator inattention or inexperience
• Speeding or reckless operation
• Navigational errors
• Nighttime or low-light visibility
• Failure to maintain a proper lookout
• Alcohol or drug impairment
• Mechanical failure or equipment issues

Until investigators release their findings, any of these factors may have contributed to the Jetty Park crash.

Who Could Be Liable for the Jetty Park Boat Crash?

Boating accidents often involve multiple potentially liable parties, especially when several people are injured. Liability will depend on the findings of the FWC investigation and any independent reviews.

Possible responsible parties may include:

1. The Boat Operator

Boat operators have a legal duty to navigate safely, avoid hazards, and protect passengers. They may be liable if they:

• Failed to maintain a proper lookout
• Operated the vessel at unsafe speeds
• Were distracted or impaired
• Failed to use navigation lights properly
• Ignored channel markers or rock jetty warnings

2. The Vessel Owner

Even if the owner was not operating the boat, they can be held liable for:

• Allowing an inexperienced or unqualified operator to control the boat
• Failing to maintain the vessel properly

3. The Manufacturer or Maintenance Provider

If a mechanical failure, engine problem, or malfunctioning navigation equipment contributed to the crash, a product liability claim may exist.

Legal Options for Injured Boating Passengers

Individuals injured in boating accidents in Florida may pursue claims for:

• Medical bills and future medical care
• Lost wages and future loss of earning ability
• Pain and suffering
• Permanent disability or disfigurement
• Emotional trauma
• Loss of enjoyment of life

If negligence contributed to the crash, passengers may be entitled to significant compensation under Florida maritime law and federal boating safety regulations.

Families of victims who suffer fatal injuries may pursue compensation under the Florida Wrongful Death Act.

Boating accidents require rapid investigation because evidence can disappear quickly. Vessel damage may be repaired, witnesses may disperse, and water conditions change rapidly.

A qualified maritime injury attorney can:

• Conduct an independent investigation
• Secure photographs, GPS data, and boat computer logs
• Obtain witness statements
• Determine whether alcohol, speeding, or inexperience played a role
• Review FWC reports and safety violations
• Identify all potential defendants
• Handle communication with insurance companies

We Advocate for Injured Boating Accident Victims Across Florida

At Flanagan & Bodenheimer, we have extensive experience representing victims of boating accidents, maritime injuries, and cruise ship claims across Florida. We purposely maintain a small caseload to provide every client with focused attention, thorough investigation, and powerful trial advocacy.

We help clients throughout Brevard County, Port Canaveral, and the surrounding coastal regions

If you or someone you love was injured in the Jetty Park boat crash, or any boating accident in Florida, contact us today. Our attorneys are available to review your rights and guide you through your legal options.

Kepner was found dead on Friday morning while the cruise ship was still at sea. The vessel returned to PortMiami as scheduled on Saturday, where the FBI took over the investigation, as federal authorities have jurisdiction over deaths occurring in international waters.

Carnival Cruise Line released a statement confirming the incident and expressing condolences to the young woman’s family.

“The death of a guest traveling on the Carnival Horizon voyage that returned to PortMiami on Saturday morning, Nov. 8, is being investigated by the FBI. Since this is an ongoing matter under the jurisdiction of law enforcement, it is up to the FBI’s Miami public affairs office to provide further details. Our focus is on supporting the family of our guest,” Carnival stated.

The cause of death has not yet been released, and officials have not indicated whether foul play is suspected.

Cruise Ship Deaths and Federal Jurisdiction

Under U.S. law, when a death occurs aboard a cruise ship in international waters, the Federal Bureau of Investigation (FBI) and the U.S. Coast Guard have investigative authority. The Death on the High Seas Act (DOHSA) and maritime wrongful death laws can also come into play, depending on the circumstances.

The FBI typically investigates cruise ship deaths involving:

• Suspicious or unexplained circumstances
• Potential foul play
• Accidents or negligence involving ship personnel
• Alcohol- or drug-related incidents
• Failures in onboard medical response

In most cases, the cruise line is required to immediately notify both the Coast Guard and FBI when a serious injury or fatality occurs on board. Investigators then coordinate with the medical examiner’s office once the ship returns to port.

Understanding Passenger Rights After a Cruise Ship Death

Cruise lines like Carnival, Royal Caribbean, and Norwegian have a legal duty to ensure passenger safety and provide timely medical care during emergencies. When a death occurs at sea, the family may be entitled to compensation if negligence or inadequate safety protocols played a role.

Potential causes of cruise ship deaths include:

• Failure to provide prompt medical assistance
• Unsafe conditions on board (e.g., slippery decks, poor lighting, or lack of railings)
• Violent altercations or criminal acts
• Alcohol overservice by crew members
• Mechanical or operational failures during excursions or activities

Under maritime law, victims’ families may pursue claims for:

• Funeral and burial expenses
• Pain and suffering before death
• Loss of companionship and support
• Emotional anguish

However, these cases are complex, often involving international treaties, maritime jurisdiction, and cruise contract provisions limiting where lawsuits can be filed.

For Carnival passengers, legal claims are typically governed by the terms printed on the ticket, which require most lawsuits to be filed in Miami federal court — regardless of where the passenger resides or where the ship was sailing.

The Role of the Death on the High Seas Act (DOHSA)

Because Anna Kepner’s death occurred at sea, the Death on the High Seas Act (46 U.S.C. § 30301) may apply. DOHSA allows families of individuals who die due to wrongful acts, negligence, or omissions occurring beyond three nautical miles from U.S. shores to seek damages.

Key points about DOHSA include:

• It applies to both U.S. and foreign nationals.
• It limits recovery primarily to pecuniary (financial) losses, not emotional damages.
• It requires proof that the death was caused by wrongful conduct or negligence.

While DOHSA is often criticized for restricting emotional recovery, a skilled maritime attorney can explore alternative legal routes — such as general maritime law or foreign jurisdiction claims — to pursue full compensation.

Cruise Lines’ Duty of Care to Passengers

Carnival and other major cruise companies owe their passengers a duty of reasonable care under maritime law. This includes:

• Maintaining safe facilities and common areas
• Properly training and supervising crew
• Ensuring adequate medical staffing and equipment
• Monitoring security and criminal activity
• Responding appropriately to passenger distress

When cruise operators fail to uphold these standards, they may be held liable for injuries or deaths that occur on board.

For families like Kepner’s, obtaining answers and accountability can take time, as maritime investigations are notoriously complex and often span multiple jurisdictions.

Legal Options for Families After a Cruise Ship Fatality

If a loved one dies aboard a cruise ship, families should take the following steps as soon as possible:

1. Request official records — including the medical examiner’s report, autopsy findings, and ship incident report.
2. Preserve evidence — photos, messages, witness names, and any onboard communications.
3. Avoid signing any settlement offers or accepting cruise line compensation before consulting an attorney.
4. Contact a maritime attorney with experience in cruise ship wrongful death claims.

An experienced cruise ship injury lawyer can investigate whether the cruise line’s actions, medical response, or safety procedures contributed to the death — and pursue justice under U.S. maritime and international law.

How Flanagan & Bodenheimer Helps Cruise Ship Accident Victims

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we represent passengers and families who have suffered devastating losses aboard cruise ships departing from Miami, Fort Lauderdale, and Port Canaveral.

Our attorneys have handled cases involving:

• Cruise ship deaths and disappearances
• Medical negligence on board
• Assaults and security failures
• Excursion-related fatalities
• Wrongful death under maritime law

We understand the emotional and legal challenges families face after a loss at sea and fight to ensure cruise lines are held accountable for negligence or misconduct.

We offer free consultations and handle all cruise ship death cases on a contingency fee basis — meaning no fees unless we recover compensation for your family.

Contact a Florida Cruise Ship Wrongful Death Attorney

If you lost a loved one aboard a Carnival Cruise Line or any other cruise ship, contact the maritime wrongful death attorneys at Flanagan & Bodenheimer Injury and Wrongful Death Law Firm.

We help families throughout Florida and nationwide pursue justice under federal and international maritime law.

📞 Call (305) 638-4143 or contact us online for a free, confidential consultation.

Officials say the crash occurred on a stretch of the St. Johns River between State Road 528 and State Road 520. Each vessel involved had one operator and one passenger. The impact of the collision threw all four individuals into the water.

The operator and passenger of one vessel were uninjured, but the two occupants of the other boat — a 23-year-old male operator and his female passenger — suffered fatal injuries.

According to the FWC, the woman was pulled unconscious from the water by a good Samaritan and transported to the Lone Cabbage Fish Camp, then taken to a nearby hospital, where she was later pronounced dead.

The male operator’s body was recovered Monday morning by the FWC dive team, and he was also pronounced deceased.

FWC officials expressed condolences in a statement:

“The FWC remains fully unified in support of the Brevard County Sheriff’s Office and Rockledge Fire Rescue as we work together through this tragic event. Our thoughts and deepest condolences are with the families and loved ones of those affected.”

Florida leads the nation in boating accidents and fatalities each year, according to FWC data. In 2024 alone, the state recorded nearly 700 boating accidents, many caused by inattention, excessive speed, or operator inexperience.

Under Florida Statute §327.30, boat operators have a legal duty to maintain a proper lookout, operate safely under prevailing conditions, and avoid collisions whenever possible. When an operator fails to uphold this duty — whether through reckless navigation, intoxication, or inexperience — they may be held civilly liable for resulting injuries or deaths.

Determining Fault in a Boat Collision

Investigators will likely examine several key factors to determine what caused this tragic crash, including:

• Speed and visibility conditions at the time of impact
• Whether either vessel was operating recklessly or under the influence
• Compliance with navigation rules and right-of-way laws
• Equipment failures or unsafe vessel conditions

Because maritime and inland waterway accidents often involve complex jurisdictional rules, it’s critical that families seek legal counsel with experience handling boating injury and wrongful death claims under both state and federal maritime law.

Legal Rights for Families After a Fatal Boat Accident

When a fatal boat crash occurs due to negligence, surviving family members may pursue compensation under the Florida Wrongful Death Act (§§768.16–768.26). Recoverable damages can include:

• Funeral and burial costs
• Medical expenses related to rescue and emergency treatment
• Pain and suffering
• Loss of companionship or parental guidance
• Lost future income and financial support

Families should also act quickly to preserve evidence — including FWC reports, witness statements, and vessel inspection results — as these will be critical to proving liability.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, our attorneys have extensive experience representing victims and families affected by boating and maritime accidents across Florida. From the St. Johns River to the Florida Keys, our firm has handled complex cases involving negligence, reckless operation, and equipment failure.

We understand the emotional and financial toll these tragedies create and are dedicated to uncovering the truth, holding negligent parties accountable, and pursuing the justice families deserve.

If you or someone you love has been injured or killed in a boating accident in Brevard County or anywhere in Florida, our legal team is here to help.

Call 305-638-4143 or contact us online for a free, confidential consultation in English or Spanish.

Norwegian Cruise Line confirmed that the incident took place on Monday, October 20, 2025, while the ship was crossing the Atlantic Ocean on its return voyage to Miami.

In an official statement, the cruise line said:

“We are deeply saddened to confirm that on Monday, Oct. 20, 2025, we were notified that a guest was reported to have gone overboard while the ship was sailing from Ponta Delgada, Portugal to Miami. The appropriate authorities were immediately notified, and an extensive search and rescue operation with multiple vessels was conducted. The search was unfortunately unsuccessful, and the ship was released by authorities to continue its voyage. Our team is attending to the guest’s loved ones during this very difficult time, and our thoughts and prayers are with them.”

Authorities in both Portugal and the United States were notified immediately. Multiple vessels joined the search and rescue operation, but despite extensive efforts, the passenger was not located.

The individual’s identity has not yet been released, and the Norwegian Jewel is expected to arrive in Miami early next week.

Overboard incidents aboard cruise ships—although rare—remain a significant concern in the maritime industry. According to data from the Cruise Lines International Association (CLIA) and the U.S. Coast Guard, dozens of passengers fall or are reported missing from cruise ships worldwide each year.

Common contributing factors include:

• Inadequate safety barriers or railings
• Lack of man-overboard detection systems
• Intoxication or over-serving of alcohol
• Slip and fall accidents due to wet decks or poor lighting
• Negligent security or delayed response times

Cruise lines have a legal duty of care to protect passengers from foreseeable harm while aboard. When a passenger goes overboard, investigators often examine whether the cruise line failed to implement proper safety measures or delayed notifying rescue authorities.

Cruise ship injury and wrongful death claims are governed by federal maritime law, which differs significantly from traditional personal injury claims filed on land.

Under maritime law and the Death on the High Seas Act (DOHSA, 46 U.S.C. §30301 et seq.), a cruise line may be held liable if its negligence contributed to a passenger’s death occurring more than three nautical miles from U.S. shores.

Potential areas of negligence include:

• Failing to maintain adequate surveillance systems
• Failing to promptly initiate a man-overboard search
• Failing to properly train crew members on rescue procedures
• Over-serving alcohol or failing to monitor intoxicated guests
• Lack of proper signage, lighting, or barriers on open decks

The Cruise Vessel Security and Safety Act of 2010 (46 U.S.C. §3507) requires cruise ships to install man-overboard detection and video monitoring systems. However, enforcement of this law has been inconsistent, and many vessels still lack advanced detection technology capable of immediately alerting crew members when someone falls overboard.

What Happens After an Overboard Incident

After a passenger is reported missing, the cruise line is required to:

1. Immediately notify maritime authorities and the U.S. Coast Guard.
2. Stop the ship or alter course to assist in rescue operations, unless ordered otherwise by authorities.
3. Preserve all surveillance footage and other evidence.
4. Document witness statements and crew logs.
5. File an official incident report with the Federal Bureau of Investigation (FBI) if foul play is suspected.

Families should request all available records as soon as possible, as cruise lines may retain control over key evidence, including CCTV footage, incident logs, and internal communications.

Legal Options for Families After a Cruise Ship Overboard Death

When a passenger disappears or is presumed dead following an overboard incident, their family may have the right to pursue a wrongful death claim under maritime law or federal statutes such as DOHSA.

A wrongful death claim may seek compensation for:

• Funeral and burial expenses
• Loss of financial support and services
• Loss of companionship and emotional distress
• Pre-death pain and suffering (if provable)

However, DOHSA restricts recovery to pecuniary (financial) losses only, which can make emotional loss claims more challenging unless another jurisdiction or theory of liability applies (such as negligence within three nautical miles of shore).

It is also important to note that most cruise tickets contain forum selection clauses requiring claims to be filed in Miami federal court, regardless of where the incident occurred.

Steps Families Should Take After a Cruise Ship Disappearance

If your loved one has gone missing or died aboard a cruise ship, it is critical to take immediate action to protect your legal rights:

1. Contact an attorney experienced in maritime and cruise ship law.
   Cruise ship claims are highly specialized and must comply with strict procedural and jurisdictional requirements.
2. Preserve all evidence and documentation.
   Request that the cruise line preserve CCTV footage, logs, and witness statements.
3. Obtain a copy of the passenger contract.
   Review the forum and arbitration clauses, which dictate where and how your claim must be filed.
4. File a claim within the statute of limitations.
   Under most cruise line contracts and federal law, passengers and their families have only one year to file a lawsuit.
5. Request communication records.
   Ask the cruise line for details regarding when the person was last seen, when the crew was notified, and when the search began.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, our attorneys have extensive experience handling cruise ship overboard and wrongful death cases throughout Florida.

Our firm has represented victims and families against major cruise lines such as Norwegian Cruise Line, Royal Caribbean, and Carnival, holding them accountable for negligence at sea.

We conduct detailed investigations by:

• Obtaining surveillance and ship logs through legal discovery.
• Working with maritime safety experts and accident reconstruction specialists.
• Identifying systemic safety failures, such as inadequate railing height or delayed emergency response.

We handle all cases on a contingency-fee basis, meaning you pay nothing unless we win compensation for your family.

If your loved one went missing or was killed aboard a cruise ship, you do not have to face this devastating situation alone. Our Miami-based maritime attorneys will stand by your side and fight to uncover the truth.

We serve clients throughout Florida, including Miami, Fort Lauderdale, Palm Beach, Orlando, and all port cities.

Investigators say Daniel Patrick Grubert, of Piermont, New York, was operating a rented Yamaha WaveRunner when the crash occurred. According to deputies, Grubert was racing another personal watercraft and took his eyes off the waterway, failing to look ahead.

When he turned back, he saw he was about to collide with another rented WaveRunner and jumped off his jet ski, leaving it unmanned just before impact. The WaveRunner then slammed into another watercraft, ejecting a 45-year-old man from Mount Prospect, Illinois, along with his two passengers — children aged 7 and 8.

All three victims were pulled from the water by Madeira Beach Fire Department crews. Both children were hospitalized — one in critical condition and the other with non-life-threatening injuries. The adult operator sustained minor injuries.

Grubert was uninjured but was arrested after showing signs of impairment and performing poorly on field sobriety tests. Deputies charged him with two counts of boating under the influence (BUI) causing serious bodily injury and one count of reckless operation of a vessel.

Boating under the influence is treated with the same seriousness as driving under the influence. Under Florida Statute §327.35, it is illegal to operate a vessel while impaired by alcohol or drugs. A person can be charged with BUI if their blood alcohol concentration (BAC) is 0.08% or higher, or if their normal faculties are impaired.

When a BUI results in serious injury or death, it becomes a felony offense, punishable by prison time, steep fines, and loss of boating privileges. In this case, Grubert’s decision to operate a rented WaveRunner while allegedly impaired led to catastrophic consequences — an avoidable tragedy that underscores the risks of negligent and reckless boating behavior.

Liability and Legal Options for the Victims’ Families

The families of the injured children — and the adult driver — may have the right to pursue a personal injury claim against the at-fault boater. Potential legal claims could include:

• Negligence and Recklessness: Operating a WaveRunner under the influence and at excessive speeds clearly constitutes negligent conduct.
• BUI Liability: Criminal charges strengthen a potential civil case for damages.
• Rental Company Negligence: If the WaveRunner rental company failed to properly instruct, screen, or monitor renters, it could share liability under Florida boating laws.

Victims and their families may seek compensation for:

• Medical expenses (current and future care for the children)
• Pain and suffering
• Emotional distress and trauma
• Loss of enjoyment of life
• Potential long-term rehabilitation and therapy costs

Because one child reportedly suffered life-threatening injuries, the family may also be entitled to damages for catastrophic injury, including lifelong medical support and loss of earning potential.

How to File a Boating Accident Claim in Florida

In Florida, boating accident claims are governed by both state law and maritime law, depending on the location of the incident. The process generally involves:

1. Obtaining the FWC or law enforcement report from the investigating agency (in this case, the Pinellas County Sheriff’s Office).
2. Gathering witness statements, video evidence, and medical documentation.
3. Determining insurance coverage, including whether the rental company or at-fault boater has liability insurance.
4. Filing a claim or lawsuit within the applicable statute of limitations — typically two years for personal injury or wrongful death caused by negligence.

Because boating accident cases often involve multiple jurisdictions and insurance policies, families should consult with an attorney experienced in maritime and personal injury law.

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we represent victims of boating and WaveRunner crashes throughout Florida. Our firm has handled numerous cases involving BUI injuries, rental company negligence, and catastrophic injuries to minors.

We understand the devastation these incidents cause and are committed to helping families recover full and fair compensation while holding negligent parties accountable.

📞 Call (305) 638-4143 for a free consultation with a Florida boating accident attorney. We work on a contingency-fee basis — you pay nothing unless we win your case.

According to the Centers for Disease Control and Prevention (CDC), the outbreak occurred aboard the Serenade of the Seas, which departed San Diego on September 19. The vessel is set to arrive in Miami on Thursday.

The CDC’s Vessel Sanitation Program confirmed that at least 71 out of 1,874 passengers and 1 out of 883 crew members reported gastrointestinal illness during the voyage. The predominant symptoms included diarrhea, vomiting, nausea, and stomach cramps—classic signs of norovirus infection.

In response, the ship’s crew reportedly ramped up cleaning and disinfection protocols, isolated ill passengers and crew, and collected stool samples for testing. Royal Caribbean stated:

“The health and safety of our guests, crew, and the communities we visit are our top priority. To maintain an environment that supports the highest levels of health and safety onboard our ships, we implement rigorous cleaning procedures, many of which far exceed public health guidelines.”

Norovirus is an extremely contagious gastrointestinal virus that can spread rapidly in closed, crowded environments like cruise ships. It typically causes:

• Diarrhea
• Vomiting
• Nausea
• Stomach pain
• Fever and body aches in some cases

Symptoms usually develop 12–48 hours after exposure and can last up to three days. Norovirus can be transmitted through contaminated food, water, surfaces, or even by sharing utensils with an infected person.

The CDC has already recorded 19 gastrointestinal outbreaks on cruise ships in 2025, with 14 traced back to norovirus.

Passenger Rights and Potential Claims

Cruise ship passengers have a right to a reasonably safe and sanitary travel experience. While not every outbreak is grounds for legal action, certain circumstances may give rise to a potential claim:

• Failure to Sanitize Properly: If a cruise line neglects to follow CDC sanitation standards or fails to isolate infected passengers in a timely manner.
• Food Safety Violations: If contaminated food or water served onboard is linked to the outbreak.
• Delayed Medical Response: If passengers did not receive appropriate medical attention, leading to worsening illness.
• Failure to Warn: If the cruise line was aware of prior gastrointestinal outbreaks but did not inform passengers.

A successful claim could seek compensation for medical expenses, lost wages (if the illness lingered after the cruise), and pain and suffering.

Passengers considering legal action must also be mindful of short deadlines. Cruise ticket contracts often require claims to be filed within one year of the incident and may designate a specific court for lawsuits—often in Miami for Royal Caribbean.

Norovirus outbreaks on cruise ships remain a persistent concern despite strict sanitation protocols. The CDC’s Vessel Sanitation Program exists precisely to monitor and minimize these risks, but outbreaks highlight the challenges of controlling contagious illnesses in enclosed environments.

For affected passengers, the most important steps include seeking medical treatment, documenting symptoms, and reporting illnesses to both onboard medical staff and the CDC.

If you or a loved one contracted norovirus on a cruise, you may want to consult with a maritime injury attorney to determine whether the cruise line failed in its duty of care and whether a claim can be pursued.

On August 7, 2025, a disturbing incident occurred aboard Royal Caribbean’s Icon of the Seas cruise ship when an adult male passenger was injured due to a malfunction on the ship’s water slide. While using the slide, a section of the acrylic glass panel unexpectedly shattered, causing injury to the guest. Fortunately, the man’s condition has been reported as stable, but the incident has raised questions about safety measures on cruise ship attractions.

According to eyewitness footage captured by fellow passengers, the water slide malfunction caused water to gush out from the broken panel. Passengers were heard shouting urgently, “Stop the slide!” as the glass panel broke, heightening the panic onboard.

Royal Caribbean Group issued a statement confirming the incident and stating that medical care was promptly provided to the injured guest. The water slide was immediately closed for the remainder of the cruise, pending a thorough safety investigation.

This recent event adds to previous safety issues reported on the Icon of the Seas. Earlier in July, another passenger suffered a fall over a glass railing near the ship’s infinity pool, though that incident thankfully did not result in serious injury.

Incidents such as these underscore the inherent risks in high-activity entertainment areas on cruise ships, which often feature complex mechanical and structural components exposed to heavy use and challenging marine conditions.

Legal Considerations for Injured Passengers on Cruise Ships

If you or a loved one is injured on a cruise ship due to equipment malfunction, such as a broken water slide or other hazardous conditions, there are important legal steps to consider:

• Maritime Personal Injury Claims: Injuries on cruise ships are governed by admiralty and maritime law, which provides specific protections and procedures for injured passengers.
• Negligence and Liability: Cruise lines have a duty to maintain a safe environment and properly inspect and repair attractions. Failure to do so may constitute negligence.
• Documenting the Incident: It is crucial to preserve evidence including photos, videos, medical reports, and witness accounts.
• Notification Requirements: Injured passengers must promptly notify the cruise line of the injury in writing, typically within strict time limits, to preserve their right to compensation.
• Consulting Experienced Maritime Attorneys: Cruise injury cases involve unique complexities such as jurisdictional rules and international laws. Legal counsel with maritime experience is vital to protect your rights.

Cruise lines often have large legal teams and insurers that may minimize payouts or deny claims. An experienced attorney can help you navigate claim procedures, advocate for fair compensation, and if necessary, pursue litigation to hold the cruise line accountable for negligence.

If you or a loved one has suffered injury aboard a cruise ship due to defective equipment or negligence, Flanagan & Bodenheimer Injury and Wrongful Death Law Firm offers compassionate, knowledgeable representation. We handle maritime injury cases across Florida, helping victims secure the compensation they deserve.

Call us at (305) 638-4143 for a free consultation. We work on a contingency basis, so you pay nothing unless we win your case.

According to the Royal Bahamas Police Force, the ordeal began when a 35-year-old male South African crew member allegedly attacked a 28-year-old female South African crew member, stabbing her multiple times during an altercation onboard the vessel.

Following the attack, the suspect fled and jumped overboard from the massive cruise ship into the surrounding waters. Onboard rescue teams quickly sprang into action.

Passenger Alton Breiner, who witnessed the chaos firsthand, captured the dramatic rescue attempt on video. In one clip shared on his TikTok page and provided to NBC6, crew members can be seen scrambling as emergency responders attempt to locate and retrieve the man from the ocean.

Despite their efforts, the suspect was pulled from the water unresponsive and later pronounced dead by onboard medical staff.

The victim of the stabbing survived the attack and was reportedly stabilized by medical personnel onboard. The full extent of her injuries has not been released. It remains unclear what led to the violent confrontation between the two crew members.

The Royal Bahamas Police Force is leading the investigation, as the incident occurred within their jurisdiction. Authorities have confirmed that both the victim and the suspect were employed by Royal Caribbean and of South African nationality.

Those onboard the Icon of the Seas, billed as the largest cruise ship in the world, were left stunned and shaken by the unexpected violence. Passengers described the mood on the ship as somber, with many shocked that such a tragedy could unfold during what was meant to be a relaxing and joyful vacation experience.

While rare, violent incidents among cruise ship crew members do occur, raising ongoing concerns about crew mental health, working conditions, and conflict resolution procedures onboard. Crew members often work long hours in high-stress environments, sometimes for months at a time with little time off.

This incident will likely renew scrutiny on how cruise lines like Royal Caribbean handle staff disputes, background checks, and psychological evaluations, especially given the confined nature of life at sea.

As the investigation continues, legal experts may evaluate Royal Caribbean’s liability in the matter. Cruise lines have a duty to provide a reasonably safe working and living environment for both crew and passengers. Depending on the findings, questions could arise about:

• Whether any prior complaints were made involving the suspect
• How onboard security and medical responses were handled
• If mental health support was accessible to crew members
• Whether protocols were followed to prevent escalation

Injured crew members are typically covered under the Jones Act and other maritime labor laws, which entitle them to compensation for injuries sustained while working.

Royal Caribbean has yet to issue a full public statement about the incident, but the company is expected to cooperate fully with the investigation. Cruise safety advocates are calling for stronger mental health programs and enhanced security protocols to help prevent similar tragedies in the future.

If you or a loved one has suffered an injury or traumatic experience while on a cruise ship, it’s important to understand your legal rights under maritime law. Whether you’re a passenger or a crew member, Flanagan & Bodenheimer Injury and Wrongful Death Law Firm can help you explore your options.

According to the Florida Fish and Wildlife Conservation Commission (FWC) and U.S. Coast Guard, the incident occurred around 11:15 a.m. when a barge collided with a small sailboat operated by the Miami Youth Sailing Foundation, a nonprofit organization known for teaching children how to sail.

The sailboat, with five children and one adult on board, overturned in the waters of Biscayne Bay following the impact. Two individuals were killed, while three children were hospitalized in critical condition, and another person was reported unresponsive at the scene.

Aerial footage showed a large emergency response, with rescue boats, divers, and helicopters from multiple agencies, including:

• Miami Beach Fire Rescue
• City of Miami Fire Rescue
• Miami-Dade Fire Rescue
• Florida Fish and Wildlife Conservation Commission (FWC)
• U.S. Coast Guard

First responders were seen pulling individuals from the water and conducting emergency resuscitation efforts aboard rescue vessels.

The names of the victims have not yet been released, and authorities are in the process of notifying next of kin.

The Florida Fish and Wildlife Conservation Commission is leading the investigation into the cause of the crash. At this time, it is unclear whether the sailboat was visible to the barge, what communication—if any—occurred before the collision, or if navigational or mechanical failure played a role.

Officials will likely examine:

• Maritime traffic patterns in Biscayne Bay
• Visibility conditions at the time of the crash
• Safety compliance by both vessels
• Licensing and qualifications of the vessel operators

Depending on the findings, legal liability may be a factor, particularly if the barge operator was negligent in any way. Questions may also arise regarding safety protocols for youth sailing programs, especially when operating near commercial marine traffic.

This tragic event brings attention to boating safety laws and the potential for wrongful death and injury claims under Florida maritime and personal injury law.

Potential areas of legal inquiry include:

• Negligence on the part of the barge operator or crew
• Lack of appropriate safety oversight during the youth sailing program
• Failure to monitor marine traffic or use proper signaling
• Inadequate safety gear or flotation devices onboard

If evidence of negligence is uncovered, families of the victims may have grounds to pursue claims for damages, including funeral expenses, medical costs, emotional suffering, and future loss of earnings and support.

If your family has been impacted by a boating accident, maritime injury, or wrongful death, our experienced Florida boating accident attorneys are here to help. We understand the complexities of maritime law and can guide you through every step of your legal journey.

According to the Florida Fish and Wildlife Conservation Commission (FWC), the vessel, carrying three adults and two juveniles, was traveling across the water in Charlotte Harbor near Alligator Creek when it collided with a piling, a fixed structure commonly used to support docks or mark navigation hazards.

The crash caused significant injuries to all five occupants onboard.

• Two victims were airlifted to a nearby hospital due to the severity of their injuries.
• The remaining three were treated at the scene and then transported by ambulance for further evaluation and care.

At this time, the FWC is leading the investigation, with assistance from the Charlotte County Sheriff’s Office and the Punta Gorda Police Department.

Florida consistently ranks among the top states for both recreational boating and boating accidents. Collisions like this one highlight the critical importance of safe navigation, especially in areas with fixed hazards like pilings.

Depending on the findings of the investigation, liability may rest with the boat operator if negligence, intoxication, or speeding is determined to have played a role in the crash. Additionally, the condition and visibility of the piling itself may be examined, especially if it lacked proper markings, lighting, or if it was in a poorly charted location.

What to Do After a Boating Accident in Florida

If you or a loved one has been injured in a boating accident like this, it’s crucial to take the following steps to protect your health and your legal rights:

1. Seek Immediate Medical Attention – Prioritize safety and health. Some injuries may not be immediately apparent.
2. Report the Accident – Notify local law enforcement or the FWC as required under Florida law.
3. Document the Scene – If safe to do so, take photos or video of the boat, surrounding area, and any visible injuries.
4. Get Witness Statements – Identify others who may have seen the crash or were involved.
5. Consult a Boating Accident Attorney – Before speaking to insurance companies, speak with a lawyer to understand your rights.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we represent victims of serious boating accidents across Florida. Whether you were a passenger, operator, or a family member of someone injured, we can help you understand your options under Florida maritime and personal injury law.

Witnesses described the scene as chaotic and terrifying. One bystander, Bret Triano, recounted seeing a massive fireball as the anchored vessel erupted. “When they went to start their boat up, it just exploded,” he said. Triano and others immediately used their dinghy to pull victims from the water.

Triano recalled the desperation of one victim who was severely burned. “He was saying, ‘Save me, please don’t let me die, I’m so hot, I need water.’” The man, later identified as Antonio Rivera, believes the explosion may have been caused by a gas leak during refueling. “We tried to fuel up the boat and it must’ve been a gas leak and a spark went off and an explosion,” Rivera said. “My wife and my kids, they’ll be okay, there’s nothing permanent, but they did get third-degree burns.”

All 11 victims were initially transported to Broward Health Medical Center. Those with the most severe injuries were later transferred to Jackson Memorial Hospital in Miami, which houses one of the state’s top burn units. According to officials, several of the injured were classified as Level 1 trauma patients, indicating serious, potentially life-threatening conditions.

Fortunately, despite the severity of the injuries, no fatalities have been reported. A dog that was also on board the boat was rescued unharmed.

Authorities from Fort Lauderdale Fire Rescue, the Florida Fish and Wildlife Conservation Commission (FWC), and local police are currently investigating the cause of the explosion. While a fuel leak is suspected, the exact cause has not been officially confirmed.

Common Causes of Boat Explosions

Boat explosions are often the result of preventable mechanical or human failures. Some of the most common causes include:

• Fuel Vapor Buildup: Gasoline vapors are highly flammable. If a boat isn’t properly ventilated after fueling, starting the engine can ignite those vapors.
• Fuel Line Leaks or Malfunctions: A cracked or degraded fuel line can leak gas into the engine compartment, creating a hidden explosion risk.
• Electrical Failures or Sparks: Faulty wiring or a spark near a fuel leak can ignite vapors.
• Overfilled or Improperly Stored Fuel Tanks: Overfilling a tank or using the wrong type of fuel container can lead to spills and increased risk of ignition.
• Negligence During Refueling: Failing to follow safe fueling procedures, especially in crowded or chaotic environments like holiday weekends, can result in catastrophic accidents.

Who Can Be Held Liable for a Boat Explosion in Florida?

In the aftermath of a boating explosion, determining liability is a critical step toward securing justice and compensation for victims. In Florida, several parties may be held legally responsible, depending on the circumstances surrounding the incident:

1. The Boat Owner or Operator

Boat owners have a legal duty to maintain their vessel in a safe condition, especially when inviting passengers onboard. If the explosion was caused by:

• Improper fueling practices
• Failure to ventilate fumes before ignition
• Lack of safety inspections or maintenance
• Use of faulty or outdated equipment
  then the owner may be liable for negligence.

2. A Marina or Fueling Station

If the explosion occurred during or after refueling at a marina or dock, the facility itself could be responsible. Liability may arise if:

• The marina used faulty or uninspected fueling equipment
• Staff failed to follow proper fueling procedures
• There was a spill or fuel leak that was ignored or improperly cleaned

3. Boat Manufacturers or Equipment Suppliers

If a mechanical or structural failure led to the explosion—such as a defective fuel tank, gas line, or electrical system—the manufacturer may be held liable under a product liability claim. This includes:

• Defective design or manufacturing flaws
• Failure to warn of known risks
• Lack of safety features or instructions

4. Maintenance or Repair Companies

If the boat had recently been serviced and improper repairs or overlooked safety hazards contributed to the explosion, the technician or repair shop could be held accountable.

Can Victims File a Legal Claim in Florida After a Boat Explosion?

Yes. In Florida, victims of boat explosions or other maritime injuries may be entitled to file a personal injury claim to recover compensation. These claims may be brought under Florida state law or, in some cases, under federal maritime law depending on the location and nature of the accident.

Victims may be eligible for compensation covering:

• Emergency medical care and hospitalization
• Long-term rehabilitation and burn treatments
• Lost income or future earning capacity
• Pain and suffering
• Emotional trauma
• Property loss
• Permanent disfigurement or disability

Investigating a boating explosion requires extensive knowledge of maritime safety laws, engineering standards, and liability issues. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, our boating accident attorneys work with expert investigators and accident reconstructionists to determine what went wrong, and who should be held accountable.

According to the Clearwater Police Department and the Florida Fish and Wildlife Conservation Commission (FWC), the incident happened around 8:40 p.m. when a 37-foot private boat struck the 40-foot ferry from behind. There were 45 people aboard the ferry at the time, including two crew members. Authorities later confirmed that all of the injured individuals were ferry passengers.

After the collision, the ferry came to rest on a sandbar just south of the bridge, allowing first responders to access and evacuate all passengers and patients. BayCare Health System reported that it received nine patients across three of its hospitals; as of Monday, April 28, all but one had been treated and released.

Cellphone footage and passenger interviews captured the chaos and fear aboard the ferry as the crash unfolded. One passenger described hearing the first mate shout “Hey, hey, hey” moments before the impact. The passenger, riding with his wife — who is 31 weeks pregnant — and two children, described the horror as a large yacht-like vessel crashed into the back of the ferry.

Authorities reported that the private boat fled the scene immediately after the crash and traveled to the Belleair Boat Ramp, where it was later located by responding agencies. Six people were aboard the recreational boat. While the captain of the vessel cooperated with authorities and submitted to a Breathalyzer test (which found no alcohol in his system), questions remain about the circumstances that led to the fatal collision.

As of Monday afternoon, no arrests had been made, but officials indicated they are working with the state attorney’s office to determine whether the incident will be classified as a hit-and-run under Florida law.

Both the Coast Guard and the Florida Fish and Wildlife Conservation Commission are leading the ongoing investigation. The identities of the deceased and the captain of the recreational vessel are expected to be released soon.

Legal Considerations After a Serious Boating Accident

In serious boating accidents like the Clearwater Ferry crash, determining liability is crucial. In Florida, vessel operators have a legal duty to navigate safely and avoid collisions. Key issues that often arise in investigations include:

• Failure to Maintain Proper Lookout: Boat operators must remain vigilant and attentive at all times.
• Speeding or Unsafe Operation: Operating at unsafe speeds, especially in congested areas, can lead to devastating collisions.
• Failure to Yield: Certain rules govern which vessels must yield in different scenarios.
• Leaving the Scene: Fleeing after a collision can result in additional civil and criminal penalties under Florida law.
• Negligence or Recklessness: If an operator’s careless behavior leads to injury or death, they may be held legally responsible through personal injury or wrongful death claims.

In maritime injury cases, victims (or their surviving family members) may be able to pursue compensation for medical expenses, lost wages, pain and suffering, emotional distress, and funeral costs, depending on the circumstances.

Navigating Boating Accident Claims in Florida

Investigations into boating accidents often involve multiple agencies, including local police, the Coast Guard, and the FWC. Key elements typically reviewed include:

• Eyewitness statements
• Surveillance and cellphone video
• Vessel damage inspections
• Alcohol and drug testing results
• Navigation rules compliance
• GPS or electronic data from the boats

Given the complexities of maritime law and personal injury claims arising from boating incidents, having a complete and thorough investigation is essential for establishing fault and protecting the rights of injured victims and their families.

This heartbreaking accident is a reminder of the importance of boating safety and accountability on Florida’s waterways. Our thoughts are with the victims, their families, and the Clearwater community as they navigate this difficult time.

As officials continue their investigation, passengers and their families may have questions about their rights, available compensation, and the legal process ahead. It’s crucial for those affected to stay informed, cooperate with investigators, and consider speaking with an experienced maritime or boating accident attorney who can help explain their legal options.

The boat operator, identified as 53-year-old Gabriel Salaues, was transported to the hospital alongside a woman and three juveniles. At this time, the conditions of the victims have not been publicly disclosed.

Understanding Liability in Florida Boating Accidents

In Florida, boat operators owe a legal duty to operate their vessels safely and follow all navigation rules and safety regulations. When a boating accident occurs, liability typically hinges on whether the operator acted negligently. Common examples of negligent boating behavior include:

• Operating at an unsafe speed
• Failing to keep a proper lookout
• Boating under the influence of alcohol or drugs
• Reckless maneuvers near docks or crowded waterways
• Ignoring weather or waterway conditions

When a boat strikes a stationary object, like a docked vessel, investigators often examine whether the operator was distracted, impaired, speeding, or otherwise acting carelessly.

If negligence is found, the injured parties — including both passengers and others affected by the crash — may be entitled to file personal injury claims to seek compensation for medical bills, lost wages, pain and suffering, and other damages. In cases where children are injured, special considerations may apply for long-term care needs and emotional trauma.

Boating Safety Tips to Prevent Tragedies

While this incident is still under investigation, it serves as an important reminder for all boaters to exercise extreme caution while on the water. Safety tips to help prevent boating accidents include:

• Always maintain a safe speed, especially near docks and crowded waterways.
• Assign a passenger to help keep a lookout for other boats and obstacles.
• Avoid boating under the influence of alcohol or drugs.
• Follow posted speed limits and navigation rules.
• Regularly inspect your vessel for mechanical issues.
• Wear properly fitted life jackets, especially for children.

In Florida, boating is a year-round activity, but increased traffic on the water — particularly during weekends and holidays — demands heightened vigilance.

When to Speak With a Boating Accident Attorney

In the aftermath of a serious boating accident, victims and their families are often left facing significant medical expenses, emotional trauma, and questions about their legal rights. If you or a loved one has been injured in a boating accident in South Florida, it is important to seek legal advice promptly.

An experienced boating accident lawyer can investigate the cause of the crash, determine liability, work with accident reconstruction experts if necessary, and advocate for full and fair compensation on your behalf. Time limits, known as statutes of limitations, apply to personal injury claims in Florida, so it’s important not to delay seeking legal counsel.

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we understand the complexities of boating accident cases and are here to help victims and their families navigate the legal process with compassion and care.

Cruise ship accident cases are usually governed by the general maritime law of the United States, federal statutes and treaties, the federal rules of civil procedure, and the federal rules of evidence.  There are some circumstances, however, when federal law can be supplemented with the law of a State, if it is not inconsistent with the maritime law. 

If you are considering handling a cruise ship accident case, then a good place to start your analysis is the ticket contract.

Cruise Line Ticket Contracts

First, you need to know what your client’s ticket contract says. Your client might not be aware that they agreed to a ticket contract, but every passenger (with few exceptions) who goes on a cruise ship agrees to the terms of the ticket contract which are published online on the cruise line’s website. Here are some of the ticket contracts for the most popular cruise lines:

• Royal Caribbean Cruises Ticket Contract
• Carnival Cruise Line Ticket Contract
• Norwegian Cruise Line Ticket Contract
• Disney Cruise Line Ticket Contract

Cruise Line Lawsuit Forum

The first thing you should look for in the ticket contract is the forum for where your client’s lawsuit must be filed. Usually, against many of the major Cruise Lines such as Royal Caribbean, Carnival, and Norwegian, your client’s case will have to be filed in federal court in Miami, Florida, specifically the United States District Court for the Southern District of Florida. You must file that lawsuit in less than one year from the date of your client’s accident; otherwise, your case will be barred forever.

In some instances, where the injured person resided at the time that they purchased their ticket contract may affect whether the forum will be in Miami, Florida, or in a foreign country.  Be sure to consider this in deciding whether you want to accept the case.

Written Notice for Cruise Lines

The second thing you should look for in the ticket contract is when you have to put the cruise line on written notice of the claim.  Usually the ticket requires written notice be provided with “full particulars” within six months of the accident. There are some ways around this requirement if your client reported the incident on the cruise ship and filled out some forms that the cruise line gave to them at the ship’s medical facility. However, if your client didn’t inform the cruise line, and the cruise ship had no knowledge about the incident and didn’t investigate, you must get your notice out quickly and comply with the terms of the ticket contract. The ticket contract expressly states how the notice must be sent, when it must be sent, and where it must be sent.  Notice to the cruise line does not necessarily provide notice to third parties like product manufacturers or tour operators who can claim that failure to provide notice bars the claim.

Pleading Standard

After you get past the ticket contract and you’ve filed your case in the United States District Court for the Southern District of Florida, you need to know how it works here. There is a pleading standard that you have to comply with; you have to plead specific facts for what happened. If your client has a slip and fall, for example, you have to plead prior incidents in detail. You have to be prepared to identify who had a prior slip and fall, where the slip and fall was, when the slip and fall was, and basically, in your complaint, prove that this prior incident is substantially similar, or it may get disregarded.

Here are links to some of the most recent cases about pleading in cruise ship cases from the United States District Court for the Southern District of Florida and the 11th Circuit Court of Appeals:

• Newbauer v. Carnival Corporation
• Peavy v. Carnival Corporation
• Dunn v. NCL (BAHAMAS) Ltd.
• Estate of Pankey by Terry-Brown v. Carnival Corporation

Time Constraints and Depositions

Generally, your discovery window will be very short.  You might receive a scheduling order providing you with as little as three months to complete all of your discovery – which is not a lot of time. This is especially true when you can expect a motion for summary judgment to be filed at the conclusion of the discovery period.  In some cases, you will need to take depositions all over the world during your brief discovery period.  In a medical malpractice case against a cruise line we took depositions in: South Africa, the Philippines, Canada, Puerto Rico, Atlanta, Miami, Minnesota, California, Tampa, and Virginia. If you’re going to take on one of these cases, you need to be ready to travel and commit your practice to handling this case. Because you will have very little time to complete your discovery, you cannot afford to put off taking deposition or sending discovery.  In fact, you need to know what discovery you need to prove your case before you start taking depositions.  That’s where experience handling these cases and knowledge about how the cruise lines operate their ships and business is a tremendous advantage.

Contact us to Discuss Your Cruise Ship Accident Case

The moral of the story is: don’t go it alone. Whether you have questions, need advice, or are looking to collaborate on a case, don’t hesitate to reach out to us. We are committed to helping you navigate these challenging waters successfully.

Contact us at 305-638-4143 or complete our online form to discuss your cruise ship accident case.

About the Case: Slip & Fall on the Carnival Ecstasy

In this case, we represented Marjorie Cogburn against Carnival Corporation. Ms. Cogburn and her husband took a cruise in 2019 on the Carnival Ecstasy to celebrate their wedding anniversary. On the second day of the cruise, Ms. Cogburn and her husband went to get dinner and walked along an area of the ship called “City of Lights Boulevard.” As Ms. Cogburn was walking, she slipped and fell on a brown liquid on the dark-colored tile floor, suffering a very serious injury. Ultimately, she required two surgeries, including a partial hip replacement.

During discovery, our firm uncovered that several prior slip and fall incidents had occurred on the same or similar walkways to the one where Ms. Cogburn fell. We also found evidence that the ship’s Chief Security Officer was aware that passengers were spilling drinks on the walkway. Despite this evidence, the district court granted summary judgment in favor of the cruise line on the basis that the cruise line did not have actual or constructive notice of the dangerous condition.

About the Appeal: The Role of a Single Similar Prior

On appeal, the Eleventh Circuit reversed the district court. Specifically, the Eleventh Circuit held that because there was at least one prior incident of a slip and fall that occurred in a similar location to the area where Ms. Cogburn fell, the evidence established that “Carnival had constructive knowledge of the risk-creating condition. . .” Notably, the Court also wrote that “Because Cogburn came forward with evidence of a substantially similar prior incident, we conclude that she established notice of the risk-creating condition.” This is an important sentence in the opinion because it seems to suggest that a single similar prior may be enough to establish notice in these types of slip and fall cases.

Learn More from Flanagan & Bodenheimer

This case presents a few important points for practitioners handling these types of slip and fall cases against cruise lines.

First, you need to work hard in the discovery process to find prior incidents. Although you may get objections to your initial requests for this type of information, plaintiffs are entitled to this information, and you should fight to get as much of this information as you can.

Second, when you learn about a prior incident, gather information about the details surrounding the prior incident. The law places the burden on the plaintiff to prove substantial similarity between prior incidents and the case you are handling. Typically, this will require you to prove similarity in the type and location of the prior incident. This can be accomplished by getting contact information for the person involved in the prior incident and taking their deposition.

If you would like our firm to handle your slip and fall case against a cruise line, or you are a lawyer who has a case and would like some guidance, feel free to contact us, we are happy to share as much information as we have. We can be reached via our online contact form or by dialing (305) 638-4143.

You can find the full opinion at the link below: https://media.ca11.uscourts.gov/opinions/unpub/files/202111579.pdf

Maritime Law versus Admiralty Law

Many have used these terms interchangeably in recent times, but there is some question as to whether admiralty law and maritime law are one and the same. Originally, the term “admiralty” referenced a particular judicial court in English and American colonies. This specific institution presided over torts and contracts on the high seas. Eventually, the jurisdiction of the admiralty court expanded to include not just injuries and losses at sea, but those on any navigable waters.

In contrast, “maritime law” is an area of law that stemmed from this expansion in order to consider, address, and rectify the often hazardous working and traveling conditions and the distinctive conflicts involved in many commercial undertakings offshore. In the early years of this body of law, there were a few landmark cases that addressed the obligations of shipowners to their crew members and the rights of sailors and employees of the vessels.  Early admiralty law in the 1800’s favored shipowners and restricted seamen’s rights.  However, maritime law has become very favorable to seaman and recognizes that crew members work in dangerous conditions often for low wages, and are at the mercy of the vessel – they rely on the ship for food, water, and medical care.

Even though the terms have vastly different origins, many of their differences have been set aside and watered down throughout the years and the terms are often used synonymously.

What Kind of Incidents Are Covered?

Now that we’ve addressed the origins and differences of the terms, let’s take a look at exactly what is covered under this expansive area of law. Typically governed by Federal District Courts, maritime law is usually a combination of local U.S. law and international laws which rule over all torts, contracts, injuries, and/or offenses that occur on, in, or near navigable waters. Some examples of incidents covered under maritime law might include, but not be limited to:

• Commercial shipping accidents in which the vessel or cargo is damaged.
• Errors and omissions on behalf of commercial vessel owners.
• Piracy and other criminal activity.
• Contract fraud and/or violation.
• Pollution resulting from spilling or leaking of hazardous materials
• Vessel employee injuries and/or wrongful death.
• Ship owner’s to comply with maritime labor regulations.

These are just a few examples of some incidents that may fall within maritime law. Vessel owners and their operators, including cruise ship owners and operators, are held to a certain standard of care for the people and products on their ships. If you were injured as a cruise ship employee or even as a passenger, you may have a valid maritime case against the cruise line.

Is There a Statute of Limitations?

Did you know that most, if not all, legal actions must be filed within a certain time frame once the questionable act, offense, or omission has occurred? The statutes prescribing this time frame are referred to as the statute of limitations. There are many factors that go into the determination of the statute of limitations for maritime legal matters, and the amount of time you, a loved one, or other key person has to file a legal action is limited. Below, we’ve listed a few of the more common legal acts and their corresponding statutes of limitation:

• Death on the High Sea Act. Under this act, family members and other parties claiming interest on behalf of the deceased are allowed three years to file wrongful death claims.  Claims filed under local state laws, like the Florida Wrongful Death Act may be subject to shorter statutes of limitations.
• The Longshore Harbor and Workers’ Compensation Act. In cases governed under this act, generally, a plaintiff must bring his or her suit within one year of the alleged incident or accident to be considered eligible for legal compensation.  In the alternative, the Longshoreman may bring his case within one year of having his LHWCA benefits terminated.
• The Jones Act. Under this act, any legal action or personal injury claim must be filed within three years of the accident, or within three years from the time the victim knew or should have known of his or her injury.
• Cruise Line Passenger Cases.  Generally, the cruise lines insert language into their ticket contracts that deprive passengers of their legal rights under maritime law.  For example, nearly every cruise line requires passengers to waive the normal three-year statute of limitations in favor of a one-year statute of limitations.  The cruise lines have been very successful in having cases filed more than one year after the date of the incident dismissed for failure to comply with the ticket contract.

It is important to note that maritime statutes of limitation are like any other legal statute of limitation. If your suit is not brought within the prescribed period of time following the accident or incident, you will be unable to recover damages from the responsible party. If you believe you are eligible for a maritime case against a cruise line and you aren’t sure what the applicable statute of limitations is, be sure to contact a reputable cruise injury lawyer.

How Can I Locate a Reputable Lawyer?

This is a question commonly asked by parties who feel they’ve been wronged by their maritime employer. If you’re searching for a reputable lawyer to handle your maritime law matter, you can begin your searches online. We always recommend interviewing several attorneys to learn more about their ethics, retainer, caseload, and specialty prior to allowing them to handle your case. If your legal matter involves injury as an employee or passenger on a cruise ship, be sure to contact our office today.

Contact our Miami personal injury attorneys today at (305) 638-4143! We look forward to speaking with you!

Our Experience With Royal Caribbean’s Pool Decks

Our firm has handled over a dozen slip-and-fall incidents on Bolidt decking on various cruise ships.  We have consulted with several experts who say that Royal Caribbean needs to replace these decks with reasonably slip-resistant materials.  They say that Bolidt decking is not safe for use near pools where it is obviously going to get wet.  Nevertheless, that is exactly where Royal Caribbean and other cruise lines put it.

Our firm is aware of over one hundred incidents where passengers have suffered slip and fall due to the dangerously slippery nature of these pool decks.  In addition, we are aware of many passenger complaints regarding these dangerous flooring surfaces.  We tested these surfaces and our test results indicated that the floor was more slippery than ice. Needless to say, this surface did not comply with industry standards for slip resistance. It is not a safe surface for use on an exterior pool deck.

Royal Caribbean’s Knowledge of the Problem

Royal Caribbean is well-aware of the problem.  Its “solution” to the problem is to post dozens of “caution” signs around the pool deck to warn people that the deck is wet.  The signs do nothing to protect passengers.  Because the floor is so slippery that there is almost no way to avoid falling.

If you encountered extremely slippery conditions on a Royal Caribbean pool deck, chances are you slipped on Bolidt FutureTeak or Bolidt SoftSelect.  Our firm may be able to help you prove your slip and fall case against Royal Caribbean.  Please feel free to contact our Miami personal injury attorneys at any time to learn more about our knowledge of this defect and to determine whether we might be able to help you with your potential case.

We handle cruise ship injury cases throughout Miami. If you or a loved one were injured while on a cruise, call us at (305) 638-4143 today. We will gladly provide a free case evaluation to determine the merits of your case.

Emergency Medical Situations

Chest Pain or Pressure

Experiencing pain or pressure in your chest is scary enough when you are safely on land in close proximity to a hospital. When you are in the middle of the ocean on a cruise ship, it can be terrifying. Chest pain can have a wide variety of causes, and whether it is a sharp, burning pain or a dull aching discomfort, you deserve the benefit of a quality medical diagnosis. In order to determine the exact cause of your pain, it is likely that several medical tests will need to be run to rule out the potential of serious concerns like a heart attack. While some cruise lines may have the needed medical equipment to conduct tests like an EKG to determine whether you have had or are having a heart attack, they have little to no ability to handle the situation and provide you the medical care that you will need.

Gastrointestinal Illness

Cruise goers shudder at the thought of a stomach bug while sailing the high seas. However, on a cruise ship, a seemingly simple stomach bug can quickly escalate to a highly contagious gastrointestinal illness. Because there are thousands of people in close proximity to each other for several days, viruses like norovirus can spread quickly on a cruise ship, and when it does, the consequences can be disastrous. In addition to possibly being confined to your cabin and missing excursions, without proper diagnosis and treatment, you could wind up hospitalized due to complications, including dehydration.  Cruise ships have protocols designed to curb these outbreaks that are sometimes effective.

Broken Bones

No one wants to think about his or her cruise vacation ending with an injury that requires surgical care. However, if you suffer a broken arm or leg while on a cruise ship, your relaxing trip could come to an abrupt halt. A broken bone may require surgical intervention to be properly treated, and not all cruise ships have medical facilities that have the necessary equipment to perform this complex, high-level care. If you experience this type of medical emergency while you are out at sea, your care may be transferred to the physicians at the closest port of call.  If possible, you should immediately end your vacation and seek medical care in your hometown.  We have handled many cases where injuries like broken bones became much more serious because of the ship doctor’s failure to appropriately diagnose and treat a common injury.  Moreover, even if you are sent to a doctor in the nearest port of call, oftentimes these doctors commit malpractice.  If you need to make a claim against one of these doctors, the cruise ship will claim that it did not vouch for the doctor, has no connection to the doctor, and deny responsibility.  Be sure to see a doctor that you know and trust.

Dangers of Misdiagnosis

In the event that you suffer some sort of major trauma while on a cruise, you deserve the same quality medical care that you would receive at home. In the absence of competent medical care, many cruise passengers fall victim to medical negligence and medical malpractice at the hands of cruise ship doctors. This can lead to mistreatment and misdiagnosis, which may lead to longer recovery times, amputations, permanent injury, and even death. If you have experienced a medical emergency while on a cruise and you feel that you received improper care, it can be beneficial to hire a medical malpractice attorney who specializes in cruise ship injury cases.

Miami Medical Malpractice Attorney

Do you feel as though you have been the victim of medical malpractice while being treated for an injury that you sustained while on a cruise? If so, you have limited time to seek counsel and make a claim against the cruise line. Our team of legal experts has years of experience litigating against the world’s largest cruise lines, and if you are searching for a knowledgeable medical malpractice attorney, our team would love to speak with you. Contact us today to request your consultation.