Fort Myers Beach Man Dies After Kayak Accident Near Sanibel Causeway

A Fort Myers Beach man has died following a boating accident involving an overturned kayak off the coast of Sanibel Island, according to the Florida Fish and Wildlife Conservation Commission (FWC).

FWC officials said rescue crews responded Wednesday to a report of an overturned kayak just outside the Sanibel Causeway. First responders located 60-year-old Mark Kocher unresponsive in the water. Crews immediately began lifesaving measures and transported him to a nearby hospital.

At approximately 12:20 p.m., hospital staff notified authorities that Kocher had died as a result of the incident. The investigation into the circumstances surrounding the accident remains ongoing.

Southwest Florida’s waterways are popular for kayaking and recreational boating, but even calm-looking waters can present serious hazards. Overturned kayaks can quickly escalate into life-threatening emergencies, particularly when strong currents, boat traffic, fatigue, or medical distress are involved.

Common risk factors in kayak-related fatalities include:

• Sudden changes in water conditions or boat wakes
• Lack of personal flotation devices (PFDs)
• Medical emergencies while on the water
• Collision risks near bridges, channels, or heavy vessel traffic
• Limited rescue response time

Because kayaks offer little protection, even minor incidents can become critical within minutes.

Legal Considerations After a Fatal Boating Accident

When a boating accident results in death, surviving family members may have the right to pursue a wrongful death claim under Florida’s Wrongful Death Act (Florida Statutes §§768.16–768.26).

Depending on the facts of the investigation, liability may arise if negligence contributed to the incident. Potential contributing factors can include:

• Unsafe vessel operation by nearby boaters
• Failure to maintain safe wake zones
• Defective kayak or safety equipment
• Hazardous waterway conditions
• Inadequate warnings or signage

If negligence is identified, recoverable damages may include:

• Medical expenses related to emergency treatment
• Funeral and burial costs
• Loss of financial support
• Loss of companionship and guidance
• Mental pain and suffering of surviving family members

Florida boating laws impose duties on vessel operators to maintain safe speeds, avoid creating dangerous wakes, and exercise reasonable care to prevent harm to others on the water.

FWC investigations focus on determining how the accident occurred and whether boating laws were violated. They do not pursue civil recovery for families.

An independent legal investigation may help preserve critical evidence such as:

• Water and weather conditions at the time of the incident
• Vessel traffic and wake patterns
• Witness statements
• Equipment condition and safety compliance
• Surveillance or marine tracking data

This information can be essential when evaluating whether negligence played a role.

Compassionate Representation After Fatal Boating Accidents

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we represent families throughout Florida who have lost loved ones in serious and fatal boating accidents.

We understand that no legal action can undo a tragic loss. Our role is to help families seek accountability, answers, and financial stability during an incredibly difficult time. We intentionally limit our caseload so clients work directly with experienced attorneys—not case managers.

Our firm can help by:

• Conducting an independent boating accident investigation
• Identifying all potentially liable parties
• Handling communications with insurers
• Pursuing full compensation under Florida law

There are no upfront costs. We only get paid if we recover compensation for you.

📞 If you lost a loved one in a boating or kayaking accident in Southwest Florida or anywhere in the state, contact Flanagan & Bodenheimer for a free, confidential consultation.