According to Tampa Bay Newspapers Weekly, Lauren Bell, 25, and her friend, John Geletka, 49, of Sarasota, rented personal watercrafts north of John’s Pass Bridge, along Madeira Beach in Pinellas County. Both were traveling at a high rate of speed when according to the Pinellas County Sheriff’s Marine Unit, Bell made an abrupt 180-degree turn and Geletka hit her watercraft.

Deputies told the paper that Geletka’s personal watercraft traveled over the top of Bell’s, hitting her head and face and ejecting her from the watercraft. Bell was transported by air to Bayfront Medical Center for treatment of serious injuries to the head and face.

The accident remains under investigation. It is unclear what types of personal watercrafts were involved in the accident. Deputies said that alcohol does not appear to be a factor in the accident.

Florida led the country in boating and watercraft accidents last year. According to the Florida Fish and Wildlife Conservation Commission in 2011, there were 742 reported boating and watercraft accidents, leading to 67 fatalities and 431 injuries. Catastrophic injuries in boating and watercraft accidents include spinal cord injuries, brain injuries, amputation, paralysis and severe burns, which lead to costly medical expenses.

If you have been injured by a negligent boat or watercraft operator, you are entitled to our help. Visit our website and fill out a contact request or call our office at (866) 223-4529.

The Gerber Law Group, P.A.– Sarasota injury attorney

A 20-foot boat carrying five men crashed into a navigational marker around 6 p.m., on August 31, according to a spokesman from the FWC. One of the men on board was taken to Bayfront Medical Center and is listed in critical condition. The FWC has not released any other information about the accident and is still investigating.

Boating under the influence of alcohol (BUI) can result in death and catastrophic injuries. According to the US Coast Guard, there were 758 deaths, 3081 injuries and approximately $52 million dollars of property damage due to BUI accidents in 2011.

Common BUI accidents include:

• Boat collisions
• Jet Ski or other portable watercraft collisions
• Collisions with docks and navigational markers
• Injuries sustained from devices like water skis or tubes
• Drowning caused by passengers falling overboard
• Boats or watercraft hitting swimmers

It is illegal to operate a watercraft while intoxicated. If your family suffers a tragedy as a result of a negligent boater, you could be entitled to damages. Visit our website and fill out a contact request or call our office at (866) 233-4529.

The Gerber Law Group, P.A.– Sarasota injury lawyer

Miskell died in Pompano Beach when her harness broke and she dropped nearly 200 feet into the Atlantic Ocean. On Wednesday, we discussed how there are few regulations for parasailing operators in Florida, and how multiple bills have died in the state’s Legislature which would call for further safety guidelines.

Many of the bills weighed by the Legislature were a result of the 2007 death of Amber May White. White, 15, was parasailing with her sister Crystal in Pompano Beach when she died.  The girls were allowed to parasail despite thunderstorm warnings in the area. Winds caught the parachute and dragged them towards the shore. Eventually, the line snapped, and the girls fell onto the roof of a hotel. Still attached to the parasail, winds picked up the girls and dragged them into a tree, where they had to be rescued. Amber May broke her neck and died after surviving on life support for two days. Crystal, 17, suffered significant facial lacerations and head injuries.

After Amber May’s death, Shannon Kraus, her mother, filed a wrongful death lawsuit against Pompano Beach Watersports, the parasailing company that operated her daughter’s boat. The lawsuit was eventually settled out of court for an undisclosed amount of money. Kraus, who was interviewed following Miskell’s death by the South Florida Sun Sentinel, was upset, “I’m very angry,” Krause said to the paper. “If somebody had listened five years ago, this lady wouldn’t have died. This family wouldn’t have to go through what we went through.”

According to the Sun Sentinel, following Amber May’s death, Kraus began meeting with “legislators in Tallahassee and appeared on national television to call for the government to step in and establish equipment standards and safety rules, but nothing happened.” Kraus said she will continue to lobby the Legislature to pass regulations.

Whenever someone dies due to negligence or defective equipment it’s tragic. One death is too many. Tourism is a significant part of Florida’s economy—the state would be wise to protect its visitors from parasailing accidents, through adopting regulations.

If your family suffers a tragedy or you have a relative who is severely injured as a result of negligence or faulty equipment, you could be entitled to damages. Visit our website and fill out a contact request or call our office at (866) 233-4529.

The Gerber Law Group, P.A.– Sarasota injury lawyer

Miskell fell 200 feet into the Atlantic Ocean when her harness broke. While Miskell’s death is still being investigated, many people are using her story to lobby the Florida Legislature into approving safety regulations for the parasailing industry.

According to Associated Press reports, there is very little oversight into the parasailing industry at the moment. The AP reports that bills that died this year in the Florida House and Senate would have established safety standards for parasailing gear, required a minimum of $1 million of insurance for operators, prohibited parasailing in hazardous weather and set other standards to protect riders.

According to the AP, four people were killed in parasailing accidents in Florida from 2001 to 2011. The AP also reported that there are 70 to 120 commercial parasailing companies operating in the state. From the AP’s report about parasailing:

The Federal Aviation Commission classifies them as “kites” and imposes some rules aimed at preventing collisions with aircraft. The Coast Guard licenses captains and inspects boats but does not impose standards on harnesses, towlines or other equipment.

We believe the Florida Legislature should protect its citizens by enforcing parasailing regulations. Requiring companies to have a minimum amount of insurance would protect customers in the event of an accident. Hazardous weather guidelines would set standards that could be used in the event of bad weather, while equipment checks would prevent a defective product from making its way onto a boat.

On Friday, we will discuss the death of a teenager that prompted many of the parasailing safety bills that have failed in the Florida Legislature. If you have been injured or you’ve have a family member killed because of someone else’s negligence, you are entitled to our help. Visit our website and fill out a contact request or call our office at (866) 233-4529.

The Gerber Law Group, P.A.– Sarasota injury attorney

Another parasailing death has occurred in Florida, as a 28-year-old woman was killed earlier this month in Pompano Beach after falling more than 200-feet into the Atlantic Ocean.

According to the Associated Press, Kathleen Miskell, of Connecticut, was parasailing on August 15 with her husband Stephen, when her harness broke and she plunged to her death. Stephen was reeled back into the boat by its operators, who went searching for Kathleen.

After contacting emergency officials, the boat operators were able to locate Kathleen and pull her into the boat; however, she was in cardiac arrest. According to reports, the boat’s captain performed CPR on Kathleen before paramedics arrived and took her to North Broward Health Center, where she was later pronounced dead.

The parasailing company operating the boat has been identified as Wave Blast Water Sports.

Parasailing accidents are avoidable. The parasailing industry operates without regulations, while bills to impose safety guidelines have died in Florida’s Legislature.  This week we will discuss the current state of parasailing regulations.

Plans are currently underway by the National Transportation Safety Board (NTSB) to test the equipment used in Miskell’s accident. It will be interesting to see the results of an investigation into Miskell’s death. Stephen Miskell and his family may hold Wave Blast Water Sports liable for Kathleen’s death if they can prove that the company acted negligently. It’s also possible that the harness itself was defective, which could lead to a lawsuit against its manufacturer.

If you have been injured by a defective product or someone else’s negligence, you have rights. Visit our website or contact our office at (866) 233-4529 for more information about injury victim rights.

The Gerber Law Group, P.A.– Sarasota injury attorney

The Pinellas County Sheriff’s Office cited the operator of the boat pulling Boese’s tube, Brandon Noah, 15, for not having proper identification and reckless operation of a vessel resulting in a fatality. According to deputies, Noah operated the boat too close to a dock, making a sharp turn and throwing Boese and another passenger into the dock’s pilings.

Reports have indicated that Noah should not have been operating the boat. Anyone born after January 1, 1988, must obtain a “Boating Safety Education ID Card’ through the Florida Fish and Wildlife Conservation Commission (FWC), which Noah did not have.

Boese’s death is another unfortunate boating statistic for Florida, which lead the country in boating accidents last year. According to the FWC in 2011:

• There were 742 reported boating accidents, leading to 67 fatalities and 431 injuries
• 51 percent of the operators involved in accidents had no formal boater education
• 39 percent of the fatal accidents involved victims falling overboard
• The leading cause of death in fatal boating accidents was drowning, at 63 percent
• There were 27,062 Boating Safety Education ID cards issued, with 48 percent of the cards issued to people 21 years of age or younger

It is important to take safety precautions while boating, as reckless operation can lead to drowning. According to an FWC report following the release of last year’s statistics, the number of drowning deaths could’ve been reduced:

A large number of these deaths could have been prevented if the victims had worn life jackets. We continue to increase our efforts to reduce the number of boating-related fatalities through enhanced enforcement and education about the importance of wearing life jackets on the water.

According to the Personal Floatation Device Manufacturers Association (PFDMA), almost 90 percent of those who drown in US waterways are not wearing a life jacket.

Boats are dangerous vessels when not operated properly. If you’ve been injured in a boating accident, you’re entitled to justice. Visit our website and fill out a contact request or call our office at (866) 233-4529.

The Gerber Law Group, P.A.– Sarasota injury attorney

Boese died when the tube she was riding hit several dock pilings. The tube was towed by a 23-foot fishing boat operated by Brandon Noah, 15, who did not have boat safety training and lacked photo identification. Following the accident, Noah was cited by the Pinellas County Sheriff’s Office for not having proper identification and reckless operation of a vessel resulting in a fatality. In Florida, anyone born after January 1, 1988, must obtain a “Boating Safety Education ID Card’ through the Florida Fish and Wildlife Conservation Commission.

While Noah faces fines for his actions, it is possible that Boese’s family could hold him liable for her death. Besides having no training, Noah told sheriff’s deputies that he didn’t have parental permission to operate the boat. According to WTSP.com, Boese’s father, David Gallagher, said that while he knew Deviny would be out boating, he had no idea Noah would be operating the boat. “I just wish he would have had a little more experience,” Gallagher said to WTSP.

A wrongful death lawsuit could provide Boese’s family members with compensation for their loss. It is impossible to put a price tag on the death of a young one, especially a teenager, but this boating accident may have been caused by someone else’s recklessness.

If your family suffers a tragedy or you have a relative who is severely injured as a result of someone else’s reckless behavior, you could be entitled to damages including emotional distress, loss of enjoyment and pain and suffering.

On Friday, we will talk about boat safety statistics in Florida. If you have been injured by a negligent boat operator, you are entitled to our help. Visit our website and fill out a contact request or call our office at (866) 233-4529.

The Gerber Law Group, P.A.– Sarasota injury attorney

We cannot imagine the pain the family of Osceola High School student Deviny Boese is going through.

If you watch the video embedded above, you’ll see that Boese, 15, was killed on July 17, during a tubing accident off of Redington Beach. Boese was tubing behind a 23-foot fishing boat when her tube hit several dock pilings. According to the Tampa Bay Times, Brandon Noah, 15, the boat’s operator, tried to resuscitate Deviny before paramedics arrived, however she died later. According to the paper:

Her death Tuesday comes only days after a state study concluded that Florida led the nation in boating crashes and fatalities last year. In 2011, the report said, there were 742 accidents and 67 fatalities. Pinellas ranked sixth with 36 accidents, three of them fatal.

What is also concerning is that Boese’s death was avoidable, as Noah should not have been operating the boat. According to the Times:

Anyone younger than 17 is required to take a boating education course and carry a designated photo identification card. The teenager, investigators say, had never acquired the necessary training.

The Pinellas County Sheriff’s office cited Noah for not having proper identification and reckless operation of a vessel resulting in a fatality. We can only grieve for Boese’s and hope that this tragedy inspires boaters to practice safe habits. This week we will talk about boating laws and victim rights.

If you have been injured in a boating accident, you have rights. Visit our website or contact our office at (866) 233-4529, for more information about injury victim rights.

The Gerber Law Group, P.A.– Sarasota injury attorney

Overall, there were 742 boating accidents in Florida in 2011, the highest since 2004. Boating accidents killed 67 Floridians; most of them (63 percent) drowned.

Other notable statistics include:

• The vast majority of boating accidents took place in July.
• Most boating accidents happened between 4:00 and 5:00 pm.
• By a wide margin, operator inattention and carelessness was the number one cause of boating accidents.
• Florida is the number one state for boat registration, boat accidents and boat accident fatalities.
• Total boating damages in Florida in 2011 were over $27 million.
• Operator age was not a major factor in boating accidents and deaths; most accidents involved drivers age 36 and older with over 100 hours of experience.
• More than half (51 percent) of operators involved in accidents had no formal boating education.
• Monroe County had the most boating accidents in the state.

The best way to avoid boating accidents is for operators to pay more attention to their surroundings. If you are operating a boat this summer, abstain from drinking and designate a skipper to keep an eye out for potential accidents.

Were you injured on the water this summer? Contact our boat accident attorney to schedule a free consultation.

The Gerber Law Group, PA – Sarasota accident lawyers

How to Prevent Boating Accidents

The best way for Floridians to prevent boating accidents is to avoid the major causes of boating accidents, such as:

1. Driver not paying attention

The number one reason Florida sees so many boating accidents is because the driver is not focused on the task at hand. It is understandable; boating is a fun, relaxing activity, usually combined with high spirits and alcohol. Treat a boat trip like you would a bar crawl – appoint a designated driver.

2. No proper lookout

This goes hand in hand with the distracted driver. Each boating trip needs to have a lookout. There are 360 degrees of space to survey when ripping across the waves, and it is physically impossible for one person to keep an eye on everything at all times. Designate a lookout to keep the driver on his or her toes.

3. Machinery failure

Boats need servicing, just like cars. Common rule of thumb: take your boat in for a tune-up every 200 hours or at the start of each warm season. A malfunctioning engine or rudder can ruin a fun water outing very quickly.

In addition to these, make sure you are obeying all life jacket and alcohol laws. While boating can be fun and relaxing, always make sure you maintain the basic safety laws so you can enjoy more boat trips in the future.

The Gerber Law Group, P.A. – Sarasota accident attorney