Articles Tagged with Limitation of Liability Act

MIAMI, Florida–In a case we previously reported about, where we learned that not only is lack of sleep dangerous for someone driving a car, but also for someone driving a cruise ship carrying passengers, passengers have recently filed lawsuits arising out of the incident. Last August, the passenger cruise ship Spirit of Baltimore was carrying around 400 passengers when it crashed into the pier at Henderson’s Wharf Marina in Fells Point, Maryland, and two moored recreational boats. The crash happened at around 230 a.m. when the ship was returning to its berth after a midnight party cruise.

baltimore-harbor-1528252-300x225A Court Guard investigation revealed that the captain had been working other jobs, and had very little sleep. His mate had to leave the bridge of the ship to deal with a drunken passenger, another common problem on passenger ships.  While away, it is reported that the captain fell asleep at the wheel, resulting in the collision. Following the collision, the captain was fired, and a requirement that captains who feel sleepy must stay standing, notify a supervisor, and  have a mate ride in the bridge, was implemented.

The accident resulted in around 100,000 worth of damages, plus personal injuries to passengers on board the ship. Now, according to recent news reports, 28 passengers are suing Spirit Cruises LLC, with claims ranging from $5,000 to $1 million. Court records indicate passengers suffered a variety of injuries, with the impact of the crash even throwing one passenger into a glass wall.

A horrible jet ski accident was reported to have occurred about a mile and a half south of Bill Baggs State Park, near Key Biscayne. Two young women were riding the jet ski together on Monday afternoon. The reports indicate that the watercraft ran aground and propelled the women off the jet ski, critically injuring one of the women. The other woman was reported to have suffered some facial injuries. The seriously injured woman was flown to the trauma center at Jackson Memorial Hospital. The reports indicated that she suffered head and neck injuries, and was not moving her extremities.

jet ski 2The fortunate occurrence regarding this event was that a party boat was passing by, and the experienced captain in charge of the boat, Captain Alexis Perez, came to the rescue of the women. The seriously injured woman was laying in the water, unable to move, and likely would have drowned if it was not for the prompt intervention by this captain. He was able to move the woman onto the back of the jet ski, waiting with her until Miami-Dade Fire Rescue divers arrived.

Jet ski accidents in Florida are not uncommon. They travel at very high speeds. Many times the operator has rented the jet ski and is not fully acquainted with its operation. In other words, inexperience, as well as traveling at high rates of speed, are often the causes of jet ski accidents. Sometimes the company that rents these jet skis can be legally liable for failure to warn of dangers, and failure to take appropriate measures to assure that the operator is sufficiently acquainted with the operation of the jet ski so that it can be safely operated. Sometimes the accident is a direct result of some defect in the jet ski itself that can lead to a products liability action against the manufacturer of the jet ski.

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