The Florida Fish & Wildlife Conservation Commission (FWC) reported the Jan. 19th death of 25-year-old Anton Walkes, a Major League Soccer player from the Charlotte Football Club, was the result of two vessels colliding near Miami Marine Stadium a day earlier. He was found unconscious on the scene, received CPR, and was hospitalized in critical condition before dying the following day. The English citizen had been in the Miami-Fort Lauderdale region for a two-week training camp. He left behind not only his team, but his parents, two siblings, long-time partner, and young daughter.

He was a passenger on an 11-foot personal watercraft operated by a 32-year-old German woman when it collided with a 46′ cabin boat operated by a 69-year-old Florida man. It’s unknown yet whether alcohol was a factor, and the investigation remains open. Worth noting is the fact that local advocacy groups have complained extensively about reckless boating and boat congestion in the marine channel where the fatal boating accident occurred.

Annual Florida Boating Accidents

Florida leads the nation for the most registered vessels (985,000+) as well as the most reportable boating accidents (836 in 2020). According to the FWC, collision with another vessel (as was the case in the crash that killed Walkes) was the No. 1 type of Florida boating accident, accounting for 27 percent of all reportable incidents. While personal watercraft (Jet Skis, Sea Doos, etc.) account for about 15 percent of all registered vessels in Florida, they are involved in 27 percent of all reportable boating accidents. In 2020, there were 15 deaths and 183 injured in boating accidents involving personal watercraft. Nearly 40 percent of all personal watercraft boating accidents occurred in Miami-Dade County.

Some 17,700+ personal watercraft are registered in Miami-Dade County, with about 500 of those being rentals. In a single recent year (2020), these were involved in 41 reported boating accidents in Miami-Dade, including 35 injuries and one death.

Annually, there are an estimated 550 boating accident injuries and 80 boating accident deaths.

Liability for Miami Boating Accidents

Legal responsibility (also known as liability) for a Florida boating accident depends largely on the cause. If it is determined that the cause of the accident – or exacerbation of injuries – was the the fault of someone who failed to exercise reasonable care when they had a duty to do so, that individual may be held liable.more

That could be the operator of one vessel or the other or both, if there’s evidence they operated the vehicles recklessly, without due care, or while under the influence of alcohol or drugs.

Some homeowners’ insurance policies will cover boat accidents, but extensive liability restrictions may substantially limit available coverage. A separate policy covering the boat is typically advised. Liability boat insurance isn’t required in Florida, but a lot of boat owners do carry it.

If a charter boat company was involved, they may be liable – for improperly vetting or training employees, poorly maintaining or equipping vessels, being careless in renting vessels, or not properly supervising their workers or others when they have a responsibility to do so. Most of these cases will stem from incidents of negligence (failure to use reasonable care resulting in injury to another), but may also involve vicarious liability. Employers can be vicariously liable (meaning you don’t have to prove wrongdoing) for the negligence or recklessness of employees acting in the course and scope of employment.

In rare cases where the design or manufacture of a boat or some boating apparatus was the cause of someone’s injury, one may file a product liability claim.

If you or a loved one is harmed in a Miami boating accident, speaking with a South Florida wrongful death/personal injury lawyer can help bring your legal options into sharper focus.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Boating Fatalities 2020, FWC

Personal Watercraft Accidents 2020, FWC

More Blog Entries:

Hiring a Broward Injury Lawyer: FAQ on Free Initial Consultations, Jan. 10, 2023, Miami Boating Accident Lawyer Blog

Because most boating accidents occur due to operator negligence or mechanical failures, victims can often stake a successful claim for recovery of damages. An experienced injury lawyer can help you navigate your options.

Sadly, we saw this tragic scenario play out yet again in a recent airboat crash in the Florida Everglades – just one day after the victim graduated from the University of Miami. According to The Sun Sentinel, vicitm was on the airboat with her parents and sister when the horrific accident occurred.

Witnesses say the 22-year-old recent grad was on the airboat when she and four other passengers were thrown clear of the vessel. She died from her injuries when she landed in the swamp of the wildlife management area. Her sister was injured and taken to a local hospital, but fortunately her injuries were not considered very serious in nature.

There is currently an investigation into the cause of the crash and who owned the airboat. It has been reported that the fifth person on the airboat, and the only person not be ejected from the boat, has listed job experience as a professional airboat captain. However, it should be noted that there have been no criminal charges filed, and there have been no formal accusations of negligence as of the time of this article.

As our Fort Lauderdale personal injury lawyers can explain, while there aren’t many airboats in our area, there are a lot of wave runners and other personal watercraft, and these vessels have a lot in common with an airboat, aside from both being boats of some kind. Most people do not own an airboat, just as they do not own wave runners or jet boats, or parasailing rigs. While it is possible that they own their own equipment, the clear majority of people who come to Fort Lauderdale and use this equipment probably rent it down at the beach. In the case of a parasailing trip, they don’t rent it, but they pay the operator of the attraction to give them the ride.

While all of these activities can be a lot of fun, they can also result in serious personal injury or death. Whenever you partake in an activity like this, you are putting a lot of trust in the owner and operator of the attraction. Factually speaking, you are trusting that they maintain all of their equipment properly, hire only competent staff, and give you proper training to avoid a foreseeable accident. In legal terms, you are trusting that they will not be negligent.

The elements of negligence are duty, breach, causation, and damages in the vast majority of civil cases. There are special elements in some cases relating to the standard of care, but these elements are generally present. There is no question they owe you a duty of care, as that is part of their contractual requirement when renting you equipment.

However, one typical issue in these types of cases is that they likely had you sign a waiver before going on the ride or using the equipment. The good news is that while these waivers seem to be very inclusive, they are often too inclusive and are against public policy and the law, so your attorney may be able to get the waiver voided.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Everglades airboat crash kills woman one day after she graduated from UM, May 16, 2017, By Tony Alanez and Anne Geggis, Sun Sentinel

More Blog Entries:

Manufacturers Recall Defective Bikes for Safety Hazards, March 29, 2017, Motorcycle Accident Lawyer Blog

According to WFTV-9, two others are in critical condition while Simmons’ 18-year-old surfer/ model daughter suffered a broken femur. The boat belonged to Simmons, who was not on the boat and said it was taken without his permission. The group was celebrating the teen’s boyfriend’s birthday, according to witnesses.

Arrested with causing serious injury while boating under the influence was 45-year-old Krystyna Vitiello, Simmons’ ex-sister-in-law. Per F.S. 327.35, a person is guilty of boating under the influence if he or she operates a vessel while either under the influence of alcohol or drugs or with a blood-alcohol level of 0.08 or higher. If the person commits BUI with serious bodily injury against another, it’s a third-degree felony, punishable by up to five years in prison.

Authorities say two men on board suffered life-threatening injuries and were transported to a nearby hospital.

Investigators with the Florida Fish & Wildlife Conservation Commission (FWC) told the media speed may have also been a factor in the boating accident. Initial reports are that the 22-foot SeaDoo boat smashed into the dock just after midnight.

A nearby resident was quoted by local news sources as saying the dock and peninsula is a swampy area, and it can “sneak up on you” if you aren’t aware that it’s there or if you’re trying to navigate through the area at night without lights.

When the boat crashed into the dock, it became lodged along the seawall and caused extensive property damage too.

Simmons reportedly owns a home on that lake, but it’s not his primary address and it was not clear if he was there at the time of the accident. Lake Maitland is a popular Central Florida boating spot, and it’s one of the few in the area with a public boating ramp, though it is surrounded by luxury homes. It also connects to a number of nearby navigable canals.

Simmons stated Vitiello has never taken the boat out previously that he is aware of.

Simmons’ daughter underwent surgery. It’s not clear what the health status is of the other two victims, both young men. Authorities said one man had “obvious facial injuries” and another was unconscious and bleeding when help arrived, shortly after a nearby homeowner called 911.

Vitiello said she had been driving the boat previously, but someone else was operating the vessel when it actually crashed. Whether that will make a difference in her criminal case remains to be seen.

As far as liability for personal injury, this case could be a bit tricky. Certainly, a case could be made to hold Vitiello liable for negligent operation of a vessel (if indeed she was the one at the helm). However, holding the boat owner (Simmons) liable would be tougher because he stated he did not grant permission to those on board. That could complicate insurance coverage of the accident as well.

Vitiello was previously arrested for driving under the influence in 2006, but later pleaded no contest to reckless driving.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Sen. David Simmons’ daughter hurt, her aunt arrested in boat crash, April 5, 2016, By Stephanie Allen, Orlando Sentinel

More Blog Entries:

Hughes v. Farmers Auto Ins. Ass’n. – Per-Accident Insurance Limits, April 8, 2016, Fort Lauderdale Boating Accident Lawyer Blog