NY Man Arrested for Boating Under the Influence After WaveRunner Crash Leaves Two Children Hospitalized in Madeira Beach

Authorities say a 48-year-old New York man was arrested after a reckless boating crash in Madeira Beach left two children hospitalized, including one with life-threatening injuries. The Pinellas County Sheriff’s Office confirmed that the incident occurred around 2:30 p.m. on Sunday, near Johns Pass, a popular boating area close to St. Petersburg.

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.