While details concerning the fatal boating accident remained scarce, officials from the Schuyler County Sheriff's Office told reporters that an unspecified vessel slammed into a breakwall on the south side of Lake Seneca. Authorities identified the operator of the crashed boat as 42-year-old Boynton Beach man Michael Tangye.

That Florida boater lost his life in the unfortunate boat wreck, while two additional passengers, whom deputies identified as 24-year-old Ashley Kay and 25-year-old Joseph Hager, were rushed to Pennsylvania-based Robert Packer Hospital following the fatal boat accident.  As of July 25, medical staff listed the two survivors in stable condition. Investigations into the deadly boat crash are expected to be underway.

U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC) statistics suggested there were 668 boat accidents, resulting in 79 boating deaths and 389 injuries, reported during the year 2010. Furthermore, Florida has more boating accidents than any other state in the nation.

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents.

MIAMI, FL—July 27, 2011 - Authorities from the U.S. Coast Guard on July 23, 2011 called off the search for a California man who was reported missing from a cruise ship less than one day before. According to information provided by 10News, Fallbrook resident Blake Kepley, 20, was traveling in Alaska aboard the Holland America cruise vessel Oosterdam when he went missing on June 22, 2011.

Reports indicated Kepley was last seen aboard the cruise ship Oosterdam, a 7-day Alaskan cruise voyage, at some point between 12 a.m. and 1 a.m. on June 22. Kepley’s family members reported him missing at approximately 2:30 p.m., when he failed to meet up with them before disembarking from the ship at a port in Ketchikan. Holland America then reported the missing persons case to Coast Guard officials. Cruise line representatives appeared to believe Kepley may have fallen overboard.

Although the Coast Guard search lasted less than 24 hours, ending at about 3:45 p.m. on June 23, USCG personnel in helicopters and other boats covered a span of nearly 400 miles in an attempt to find the missing cruise ship passenger. The cruise vacation came to an end on June 24.

According to an unidentified passenger who sent 10News an e-mail regarding the missing persons case, “Two passengers, twin sisters, told me they were walking on deck Thursday at 8:15 and saw Blake by the railing. He was kneeling and had his hands in a prayer position, crying. A few minutes later they observed him being carried or dragged off the deck by a man and another young man. They believed that the man was his dad and a brother or cousin.”

Petty Officer 1st Class Lindsey Kirby, Sector Juneau Operations unit controller maintained, “While we have suspended active searching, we encourage anyone who sees anything while transiting though the area to call the Coast Guard… Suspending a case is one of the hardest decisions that we as search and rescuers have to make."

Recreational boating accident statistics provided by the Coast Guard indicated there were 431 falls overboard, resulting in a total of 188 deaths and 257 injuries, in 2008. Also, drowning was the leading cause of death related to such boating accidents. During the year 2008, recreational boating accidents resulted in at least 510 drowning deaths.

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents.

MIAMI, FL—July 26, 2011 - Pittsburgh prosecutors offered a plea agreement on July 20, 2011 to a 72-year-old man who boarded a Royal Caribbean cruise ship with the intention of engaging in illicit sexual activity with children in 2009. According to information provided by the Pittsburgh Post-Gazette, prosecutors evidently offered the plea deal upon considering the defendant’s age and psychological background, as well as the duration of the said molestation.

Associated Press reports indicated surveillance cameras aboard the Royal Caribbean cruise ship Liberty of the Seas caught ex-chemical engineer Sherwood Stevenson inappropriately touching a 6-year-old boy in a hot tub, only a few days into the Dec. 2009 cruise voyage. Although the young boy managed to escape after a few minutes, Stevenson momentarily fondled another child aboard the ship.

Had it not have been for Stevenson’s plea agreement, pleading guilty to interstate travel with intent to engage in illicit sexual conduct would have likely landed him in prison for a decade. Stevenson, who was booked into Allegheny County Jail, is expected to spend approximately four years in prison in connection with the cruise ship sexual assault case.

Reports noted that Stevenson is prescribed psychiatric drugs for an unspecified mental illness, which prosecutors seemed to take into account prior to offering him a plea bargain in the child-sex case. Stevenson is scheduled to appear in court for sentencing on Nov. 22.

According to U.S. Department of Justice statistics posted on the website for the Rape, Abuse & Incest National Network (RAINN), 15 percent of sexual assault and rape victims have yet to even reach the age of 12. Overall, 44 percent of victims are under the age of 18, with 29 percent of the total accounting for individuals between the ages of 12 and 17.

 

About the Florida Cruise Ship Accident Lawyers and Maritime Attorneys at Gerson & Schwartz, P.A.

Leading Florida crime victim lawyers Gerson & Schwartz state that ship firms have managed to avoid potential litigation through unethical business practices for years. Such practices can leave victims of molestation and/or sexual assault struggling to attain compensation for their pain and suffering. For more than 30 years, the Miami cruise ship injury attorneys of Gerson & Schwartz, P.A. have been dedicated to protecting the rights of travelers and cruise ship employees who have been sexually assaulted, sustained serious injury or been subject to preventable harm while aboard these “hospitable” vessels.

 

 

MIAMI, FL— July 21, 2011 - A California man employed as a masseur at a Seal Beach spa faces three felony charges after three women accused him of sexually assaulting them during massage treatments. According to information provided by the Los Angeles Times, the Orange County DA Office urged any additional sexual assault victims to come forth and report their cases to authorities.

Officials from the Orange County district attorney’s office recently charged Jason Michael Elliott, a 28-year-old Sunset Beach masseur, with “three felony counts of assault with the intent to commit a sexual offense.”

Although the first victim reported her case to the Seal Beach Police Department in Nov. 2009, Elliot apparently worked as a masseur at the Seal Beach-based Massage Envy spa between August 2009 and April 2010. Prosecutors stated that the Orange County masseur was fired after his employers were informed of the sexual assault accusations pending against him.

Prosecutors also told reporters from the Huntington Beach Independent that an investigation into the first alleged sexual attack appeared to connect Elliot to two additional workplace assaults.

Reports suggested that although the accused masseur managed to post $100,000 bail, he could face up to eight years and eight months in prison if convicted of the offenses. The sexual assault case is underway.

National Institute of Justice & Centers for Disease Control & Prevention statistics suggested 17.7 million American women (1 out of every 6 females in the U.S.) have been victims of attempted or completed rape.

According statistics posted on the website for the Florida Council Against Sexual Violence (FCASV), a total of 11,214 sexual assaults were reported statewide during the year 2007. Forcible sex offences resulted in 3,064 Florida arrests that year.

About the Miami Sexual Assault Lawyers and Personal Injury Attorneys of Gerson & Schwartz, P.A.

Working closely with advocacy groups such as the National Center for Victims of Crime (NCVC), the Miami sexual assault attorneys of Gerson & Schwartz are dedicated to protecting and enforcing the rights of rape and sexual assault victims. With more than 30 years of experiencing litigating a variety of complex injury and assault claims, the Florida injury attorneys of Gerson & Schwartz, P.A. will fight to help victims of sexual assault and rape obtain the justice a compensation they deserve.

 

MIAMI, FL— July 20, 2011 - A violent boating accident occurred in Boston Harbor on the evening of July 16, 2011, claiming the life of one passenger and leaving another seriously injured. According to information provided by the Associated Press, Massachusetts State Police (MSP) and officials from the U.S. Coast Guard (USCG) appear to be investigating what might have caused the speedboat involved in the fatal boat accident to abruptly overturn and capsize. 

MSP spokesperson David Procopio told reporters that a 30-foot speedboat was navigating Boston Harbor, in close proximity to Boston Light, when the vessel apparently overturned and broke apart at approximately 6:15 p.m. Two unidentified passengers were apparently thrown from the speedboat when it capsized.

Reports indicated one of the accident victims suffered a head injury, while the other sustained a chest wound. One of the boat passengers succumbed to his/her traumatic injuries at the accident site. Emergency medical services (EMS) personnel apparently airlifted the second injured passenger to an unspecified hospital in Boston following the boat capsizing.

According to statistics provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC), Florida leads the U.S. in boating accidents. During the year 2010, 668 boat accidents were reported. Those incidents resulted in 79 boating deaths and left 389 victims suffering from various injuries.

 

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents.

MIAMI, FL—July 19, 2011 - A Los Angeles man who confessed to beating his wife to death during a cruise ship vacation two years ago faces life in prison, as well as a $250,000 fine for the horrific offence. According to information provided by NBC San Diego, Robert McGill, of Winnetka, California, pleaded guilty to second-degree murder charges on July 14, 2011.

The body of Shirley McGill, 55, was discovered in the couple’s cruise cabin in July 2009, toward the end of a Carnival Cruise voyage to Cabo San Lucas. Robert, who had been employed by the Los Angeles County Office of Education for more than three decades, was arrested aboard Carnival Cruise Lines’ ship Elation shortly after.

Shirley was supposed to be celebrating the fact that she had just retired from her job with the Department of Motor Vehicles (DMV) when she was brutally murdered aboard the cruise vessel. Upon entering a guilty plea during a recent court hearing, Robert admitted that his ruthful acts were both “deliberate” and “intentional.” He is scheduled for sentencing on charges of second-degree murder on November 8.

According to the Miami cruise ship injury attorneys of Gerson & Schwartz, more cruise ship industry reform is needed in order to protect travelers and employees from preventable injuries, assaults, rapes, and in extreme cases such as the one above, murder.

About the Miami Cruise Ship Accident Lawyers and Crime Victim Attorneys at Gerson & Schwartz, P.A.

Leading Florida cruise ship injury lawyers Gerson & Schwartz state that ship firms have managed to avoid potential litigation through unethical business practices for years. Such practices can leave victims of molestation and/or sexual assault struggling to attain compensation for their pain and suffering. For more than 30 years, the Miami cruise ship injury attorneys of Gerson & Schwartz, P.A. have been dedicated to protecting the rights of travelers and cruise ship employees who have been sexually assaulted, sustained serious injury or been subject to preventable harm while aboard these “hospitable” vessels.

 

 

Today’s cruise ships are full of surprises. From the almost endless variety of entertainment and leisure activities, to the food and company at dinner, passengers never know what a trip may bring. But one surprise isn’t welcome: cruise ship practices regarding emergency aid for sick or injured passengers. This issue is at the heart of an upcoming trial pitting Royal Caribbean Cruises, Ltd. against a young passenger who became severely disabled after what her family says was a needless delay in getting medical attention. That case -- Amaran v Royal Caribbean Cruises, Ltd. (Case No. 04-26948 CA 27) -- will begin November 7 in the Circuit Court of the 11th Judicial Circuit in Miami-Dade County. But its impact, says cruise ship injury lawyer Philip M. Gerson of the law firm Gerson & Schwartz, will be felt wider, and for a long time to come.

“In the six years we have spent in pre-litigation, the defendants -- Royal Caribbean and the firm that manages its fitness centers and spas, Steiner Transocean -- have said they have no duty to provide emergency care at sea,” says Gerson, a longtime advocate for cruise ship injury victims. “They’ve said it during hearing after hearing, on transcript after transcript, that there is no duty to provide emergency medical care. We don’t think that’s correct. And with this case, we plan to both publicize and end this dangerous practice. We’re going to help push the cruise ship industry into the 21st century.”

Preetha Amaran, the plaintiff in the upcoming trial, was a 26-year-old medical resident -- bright future and life ahead of her -- when she collapsed aboard a treadmill on a Royal Caribbean cruise ship on March 8, 2004. In a sworn deposition, her mother, who witnessed the event, testified that the fitness center’s director failed to use his training in CRP to render aid, and that, indeed, he failed even to assess the seriousness of the situation. Preetha and her family contend that medical attention was needlessly delayed, resulting in severe brain injury and permanent incapacitation.

“No one disputes that the fitness director did nothing -- no CPR, no assessment, no running for the ship’s doctor,” says Gerson. “That is something lawyers for Royal Caribbean and Steiner Transocean have said on the transcripts, too. But that’s okay, the defendants contend, because the case law says cruise ships are under no obligation even to carry doctors. What we plan to show at trial is that they’re improperly extending a very old, out-of-date rule.”

Historically, says Gerson, ships didn’t have to carry doctors because the vessels were alone at sea, with only limited, primitive communications links, so there was no way to have control over what the doctor did. “But times are very different now,” the injury lawyer adds, “with ships carrying advanced technology, like satellites and Internet connections and even videoconferencing.” Just as significantly, Gerson adds, there are more recent laws in place -- international maritime regulations that say that ships do need to have an emergency plan and crew members do need to train in CPR. “To say there is no duty to do anything just flies in the face of both maritime law and logic,” the veteran attorney says.

Gerson’s hope is that the Amaran case will clarify what the duty of a cruise ship crew member is. But he also hopes that the trial will help get the word out about industry practices that, he says, are both antiquated and dangerous. Public pressure, the injury lawyer notes, can be an effective way to spur industry-wide changes.

And those changes, says Gerson, are urgently needed: “Nowhere does the cruise industry publicize the fact that if you’re injured, or you become sick, or you have a heart attack on their treadmill, they have no duty at all to come to your assistance. People walk onto a ship expecting a lot of things -- entertainment, recreation, a good time. But they never expect that when they need help most, they’re not going to get it.” 

About the Company

Founded in 1970 by Miami personal injury lawyer Philip M. Gerson, the law firm of Gerson & Schwartz, P.A., has spent the past four decades protecting, and vindicating, the rights of individuals who have suffered serious harm -- from automobile accidents to medical malpractice to cruise ship injuries. In the process, the firm has become recognized as “Top Lawyers” by the South Florida Business Review, and recognized widely for its work with public interest groups like the International Cruise Victims Association and the National Center for Victims of Crime. To learn more about the trial lawyers of Gerson & Schwartz, visit www.injuryattorneyfla.com

MIAMI, FL— July 14, 2011 - The death toll in the Russian riverboat accident that occurred along the Volga River has risen from 55 confirmed deaths to 104 deaths, 20 of whom were children. The Moscow Times reported that the recent boat sinking is being regarded as the worst on record in the past three decades.

According to the Russia’s Ministry of Emergency Situations, it took only three minutes for the seemingly corroded ship “Bulgaria” to sink with 208 people on board, 58 more than the maximum passenger capacity permits. Search and rescue missions continue for 25 victims that remained missing and were feared dead following the river disaster.

As of July 13, 95 of the victims who died in the ship accident had been identified. While a crew member that survived the ship wreck argued that the boat capsized as a result of a two-meter wave, the Federal Meteorological Service contested such allegations, maintaining that the waves were not that high and could not have caused such a catastrophe.

Meanwhile, two people have been arrested and charged in connection with the Russian boating accident. Those two people included Svetlana Inyakina, the manager of the company that rented the ship out, as well as Yakov Ivashov, a senior inspector employed by the River Register’s local office. The River Register is the government agency responsible for upholding safety within the river transport industry.

According to the Miami cruise ship injury attorneys of Gerson & Schwartz, it is often difficult to hold ship owners liable for negligent acts that can pose dangers to both passengers and ship workers. To prevent future accidents from occurring and causing harm to passengers and crew members alike, changes must be made to the river transport and cruise ship industries.

 

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents. 

 

MIAMI, FL—July 13, 2011 - While authorities from the Pasco County Sheriff's Office deemed a toddler’s recent drowning to be accidental, the fatal swimming pool accident yet again sheds light on the dangers many children, and even inexperienced swimmers, face. According to information provided by the Tampa Tribune, a 19-month-old New Port Richie boy allegedly slipped past his sleeping mother before falling into the pool and drowning in his family’s pool on July 11, 2011.

Reports indicated Juan Bermudez’s mother was asleep when the 19-month-old managed to get to the pool area of his family’s home. Given that the pool did not have a child proof fence around it, the tot fell in and was found unconscious.

Though paramedics responded to the young drowning victim’s home, which is located at 3606 Heron Island Drive, and rushed him to Community Hospital just before 7 p.m., his condition ultimately proved fatal.

The toddler’s drowning death came only hours after a New Port Richie teen nearly drowned. Emergency medical services (EMS) personnel were contacted before 4 p.m., after a 14-year-old boy was discovered at the bottom of a residential swimming pool at 7007 Stone Road. Although the teen was apparently breathing upon being airlifted to an area hospital, his condition was not clear.

Department of Health (DOH) statistics suggested that among children between the ages of 1 and 4, drowning is the leading cause of death. Florida has the highest drowning death rate in the nation. In 2009, 48 Florida children in that age group drowned in swimming pools, specifically.

To help prevent potential drowning injuries and deaths in the future, the Miami injury law firm of Gerson & Schwartz, P.A. provided the following tips:

·         Teach kids to swim at an early age

·         Make sure children understand basic pool safety rules before they step foot in any body of water

·         Never leave a child unattended

·         If a child does indeed wander away, check the pool area first

·         Set up child proof pool fences around residential swimming pools

·         Keep a phone nearby so authorities can be contacted in the event of an emergency

·         Cover and lock saunas when they are not in use

 

About the Miami injury lawyers of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of negligence victims and their families, the knowledgeable Florida personal injury lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to ensure that their case is taken seriously. Skilled in a wide range of practice areas within the broad spectrum of personal injury litigation, the Miami injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to these injury victims and ultimately help them obtain the compensation they deserve.

 

 

 

MIAMI, FL— July 12, 2011 - An overcrowded ship capsized on the Volga River in Russia on July 10, 2011, resulting in at least 55 fatalities and leaving dozens of additional passengers missing. Although the Russian riverboat had a maximum passenger capacity of 150 people and was only equipped with 156 life vests, 208 people were aboard the vessel  "Bulgaria" when it sank, as reported by CNN.

While 79 accident victims have been rescued thus far, many remain missing as the Emergency Situations Ministry regional office is expected to soon bring search and rescue missions to a close. Many of the survivors were reportedly taken to area hospitals to be treated for unspecified injuries.

Noting that the exact number of cruise passengers missing was unknown, officials said there was a possibility survivors may have swam to the riverbank or one of the several neighboring islands. More than 80 rescue divers have taken to the water so far.  

According to the Russian Prosecutor's Office, the corroded and overcrowded Bulgaria cruise ship, which was constructed in 1955, was not a certified passenger ship. Furthermore, the riverboat had not undergone repairs in more than three decades and was operating despite the fact that its left engine was broken before it sank.  

According to a crew member aboard the vessel Arabella, which recovered numerous survivors following the capsize disaster, “It all happened so fast. The crew did not have time to pull out the lifeboats and were able to lower only two inflatable rafts. Many passengers simply jumped into the water. Few escaped from the chaos in the water, I'm afraid.”

Following the deadly Russian ship accident, President Dmitry Medvedev contended, “It is clear that such an accident couldn't have taken place if safety rules were followed, even despite the difficult weather situation… We have to establish why the owner of the ship operated a ship that was in such a poor technical condition.”

Medvedev noted that “a total inspection of all public carriers in Russia” would be underway on the basis that it is "obvious that this ship was not the only one with issues.” Investigations into the cruise ship wreck are underway.

The Miami cruise ship injury attorneys of Gerson & Schwartz note that it is often difficult to hold vessel owners accountable for negligent actions, which can leave passengers and ship crew members subject to preventable harm. For accidents to be prevented and victims to obtain just compensation for their injuries and damages, changes must be made to the cruise industry, which has long lacked sufficient regulation. Reform is imperative.

 

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents. 

 

 

MIAMI, FL— July 7, 2011 - The U.S. Centers for Disease Control and Prevention (CDC) are investigating a cruise line based in San Francisco after yet another norovirus outbreak plagued passengers aboard the Alaska-bound Sea Princess cruise ship. According to information provided by the San Francisco Examiner, there have been more than 350 confirmed cases of the gastrointestinal illness since May 10, 2011.

Reports indicated that a total of four cruise ship norovirus outbreaks were reported over a span of less than two months, causing hundreds of passengers aboard the Sea Princess, which is operated by Princess Cruises, to fall ill.

When the Sea Princess departed on May 10, 44 passengers fell ill. There were 2,049 people aboard the cruise vessel during that trip. The second outbreak was reported on the voyage beginning May 20, leaving 128 out of 2,049 travelers aboard the ship sickened. Then a third outbreak was reported on the Alaska cruise voyage that departed from the Port of San Francisco on May 30, causing 142 of the total 2,128 passengers aboard to suffer from norovirus symptoms.

The final outbreak was reported on the June 19 Alaska cruise trip. A total of 53 passengers were infected in that case. Also, the Princess Cruises-owned Coral Princess vessel was reportedly plagued by a norovirus outbreak this year, though it was not clear how many passengers and/or ship crew members were infected.

Norovirus is an extremely contagious viral infection that causes gastroenteritis. Symptoms of gastroenteritis include vomiting, diarrhea, abdominal cramps, headache, fever and chills. Norovirus has been known to cause approximately 50 percent of all gastroenteritis outbreaks, CDC data suggested. From 2006 to 2010, there were over 80 cruise ship norovirus outbreaks reported. 

Karen Candy, a spokesperson for Princess Cruises, suspected that an already-infected passenger caused the most recent outbreak, stating, “In addition to our cleaning procedures, we rely on passengers’ compliance and good hygiene habits… and the two of these must work in tandem to eradicate an outbreak.”

The CDC is investigating the slew of cruise line norovirus outbreaks.

About the Florida cruise ship accident lawyers and maritime attorneys of Gerson & Schwartz:

For more than 30 years, the Miami cruise ship injury attorneys of Gerson & Schwartz have been dedicated to protecting the rights of travelers and cruise ship employees who have sustained serious injury or been subjected to preventable harm while aboard these “hospitable” vessels. The experienced Florida cruise ship accident lawyers of Gerson & Schwartz, P.A. strive to ensure that justice be upheld in the cruise ship industry, and that cruise ship accident victims ultimately be compensated for their injuries and damages.

 

 

 

MIAMI, FL— July 6, 2011 - At least one person is dead and seven remain missing following an unfortunate boating accident that happened in the Sea of Cortez on July 3, 2011. According to information provided by the Los Angeles Times, a fishing boat occupied by 43 people, including 27 American tourists and 16 Mexican crew members, capsized during a violent storm off the coast of Mexico.  

Mexican Navy personnel continue to search the waters off Baja California in an attempt to recover seven people who remained missing following the fishing boat accident. Mexican officials told reporters that 35 of the accident victims either swam miles to the shore or were rescued by fishing vessels navigating the area after the boat sank.

A spokesperson for the Mexican Navy contended search and rescue crews were utilizing planes, helicopters, and vessels to probe the area where the sport fishing boat sank. Navy personnel were also apparently searching for survivors from ashore. Thus far, local authorities have recovered the body of one man involved in the boat sinking. 

According to David Levine, who was aboard the vessel when severe weather conditions caused it to capsize, “Everybody jumped into the water… a lot of people went in with no life vest.” Nevertheless, Mexican authorities contended the search would continue on the basis that those lost at sea have a higher chance of survival due to warm water and air temperatures. Crews from the U.S. Coast Guard’s San Diego Sector joined search and rescue missions on July 4.

 

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents. 

 

 

 

MIAMI, FL— July 5, 2011 - A collision involving two personal watercrafts (PWC) landed two people in the hospital on June 3, 2011. WSVN reports stated that the Florida Fish & Wildlife Conservation Commission (FWC) is conducting a full investigation into the jet ski accident, which occurred off Surfside in Miami-Dade County, Florida.

According to Kelli Denis, who witnessed the jet ski crash, “All of a sudden we see two jetskis flying across-- like, really fast. And, they stopped… And they were on the shore and we thought that they were stuck. So, my dad and my friend, Kevin, went over there to see if they were alright." Denis called 911 following the injurious jet ski accident. 

FWC investigators contended the jet ski collision involved two personal watercrafts; one being operated by a woman, the other by a man. Reports indicated both accident victims were flown to Jackson Memorial Hospital to be treated for injuries sustained in the jetboat crash. While the male victim did not appear to suffer life-threatening injuries in the wreck, the female victim was taken to the hospital’s trauma unit for treatment.

According to the U.S. Coast Guard (USCG), 736 boating accident fatalities were recorded during the year 2009. About 22 percent of recreational boating accidents involved personal watercrafts (PWC).

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents.

 

MIAMI, FL— June 30, 2011 - On June 27, 2011, a South Carolina man became the second man to die in a parasailing accident in the Tampa Bay region in less than 10 months time, The Tampa Tribune reported. While Florida Fish and Wildlife Conservation Commission (FWC) spokesman Gary Morse said the 31-year-old accident victim, who fell from the sky after the boat engine abruptly cut out, appeared to make a relatively soft landing on the water and even waved to signal that he was alive following the plunge, U.S. Coast Guard Cmdr. Peter Martin suggested that witness reports were inconsistent.

Reports indicated David Sieradzki and his wife Stephanie decided to travel from their home in South Carolina to Florida, so they could go parasailing. The company they chose to parasail with, Fun N Sun Parasail, is based on Anna Maria Island’s Bradenton Beach in Manatee County, Florida.

David and Stephanie Sieradzki boarded the Fun N Sun Parasail-operated parasail boat, named “Almost Heaven,” on the afternoon of June 27. There were a total of six boat passengers and two crew members aboard the vessel when its lower propeller allegedly experienced mechanical difficulties, causing the boat to lose speed and simultaneously causing Mr. Sieradzki, who was parasailing solo at the time, to fall approximately 800 feet from the sky.

Mrs. Sieradzki’s father, Bud Hazel apparently talked to reporters via telephone, relaying what his daughter said of the fatal accident. “He got up in the air, and then the boat engine died, and Dave came down… And they had to pull him into the boat. By the time he got into the boat, he was dead. They tried 20 to 30 minutes to revive him, but he was gone,” Hazel contended.

What caused the parasailer to die remains unknown, though autopsy results are pending and investigations into the Florida parasailing accident are ongoing.

The fatal accident spurred parasailing safety advocates such as ex-parasail operator and Parasail Safety Council chairman Mark McCulloh to stress the need for improvements in the parasailing industry. “After all these incidents, I can't believe we haven't gotten smarter as an industry… Their argument is, we don't want the government snooping in our business.”

To protect future parasailers from potentially harmful (or sometimes even deadly) events on the water, towline and equipment inspections should be mandated, just as maximum wind speed and altitude constraints should be implemented, McCulloh told reporters. 

According to the non-profit Parasail Safety Council, more than 380 parasailing accidents occurred between 1990 and September of 2009, claiming the lives of 22 accident victims throughout the nation.

 

About the Miami boat accident lawyers and injury attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer

MIAMI, FL— June 29, 2011 - An American man who was accused of having unlawful sexual relations with at least eight impoverished Haitian children at the residential center that he set up in the Caribbean nation’s capital of Port-au-Prince pleaded not guilty to four counts of child sex tourism on June 23, 2011. According to information provided by the Associated Press, the defendant, a 66-year-old man from Brighton, Michigan, had been detained since Miami police arrested and charged him on May 8.

Matthew Andrew Carter set up the Morning Star residential facility in the mid-nineties to provide poor Haitian boys, who were either orphans or had parents who could not afford to care for them in a sufficient manner, with a place to live, food to eat, schooling and other living necessities.

Carter, who would travel back and forth between Haiti and the United States, reportedly rented several different homes to run his residential center in over the years. At the time that the alleged child sex tourist was arrested in Miami, there were 14 male students permanently living at the Morning Star Center and three others who spend their weekends there.

Reports indicated Carter would offer the students gifts or money if they performed illicit sexual acts on him. The criminal complaint alleges that Carter would threaten to stop supporting the boys who refused to submit to his sexual demands, and sometimes even physically abuse them, either with his fist or a stick.

Four boys who were living at the Port-au-Prince residential center at the time of his arrest told reporters that Carter would lock those who rejected his demands outside “with the dogs,” occasionally shooting his firearm in the air. One of the boys who claimed to have been sexually assaulted said that such abuse started when he was 10 years of age, ending only six years later when the student refused to be subjected to any more sexual exploitation. In response to the boy’s refusal to partake in any more illegal sexual activity, Carter in turn refused to buy the student any clothes, shoes or reading material.   

According to Miami U.S. Attorney Wilfredo Ferrer, “This defendant preyed on innocent Haitian children living in severely depressed conditions, making his conduct particularly deplorable…Rather than using Morning Star as he promised — to administer aid and provide sanctuary to needy children — he used the center to manipulate, abuse and sexually exploit them.”

While none of the young sexual assault victims have been identified, the Miami child sex tourism case is ongoing. Reports noted that if the defendant is ultimately found guilty of all four counts of child sex tourism, he could spend up to 15 years in prison for the first count ONLY. The additional three counts could land him in prison for up to thirty years each—bring his potential prison sentence up to about 105 years. 

The U.S. Justice Department’s Child Exploitation and Obscenity Section (CEOS) describes child sex tourists as “individuals that travel to foreign countries to engage in sexual activity with children.”

About the Miami Sexual Assault Lawyers and Personal Injury Attorneys of Gerson & Schwartz, P.A.

Working closely with advocacy groups such as the National Center for Victims of Crime (NCVC), the Miami sexual assault attorneys of Gerson & Schwartz are dedicated to protecting and enforcing the rights of rape and sexual assault victims. With more than 30 years of experiencing litigating a variety of complex injury and assault claims, the Florida injury attorneys of Gerson & Schwartz, P.A. will fight to help victims of sexual assault and rape obtain the justice a compensation they deserve.

MIAMI, FL— June 27, 2011- In light of the upcoming July 4^th holiday, The National Association of State Boating Law Administrators (NASBLA) once again coordinated Operation Dry Water, in which U.S. Coast Guard (USCG) officers around the nation spent the weekend of July 24-26, 2011 cracking down on boating under the influence (BUI). According to information provided by the Coast Guard, Operation Dry Water was first launched in 2009 as a means of targeting drunk boaters to in turn cut recreational boating accidents and fatalities.

Coast Guard statistics suggest approximately 17 percent of all recreational boating deaths (about 300 boat accidents and 124 fatalities each year) are attributed to the consumption of alcohol while boating on the water. Furthermore, it is estimated that a boater who has a blood alcohol level above .10 percent is about 10 times as likely to suffer fatal injuries in a boating accident than a boat operator who did not consume any alcohol.

The USCG further noted that there are many factors that can make a drunk boater and his/her passengers even more susceptible to injury or death. First off, alcohol is known to hinder the boater’s “judgment, balance, vision, and reaction time,” while also making the operator more prone to fatigue and vulnerable to the adverse effects of cold water immersion. Secondly, physical stressors known to heighten the affects of alcohol—“sun, wind, noise, vibration, and motion”—can also pose dangers for boaters.

In 2010, NASBLA collected reports from 50 states participating in Operation Dry Water and found that 2,708 Coast Guard officers took to nationwide waters to strictly enforce BUI laws. That year, officers contacted 66,472 boaters and made 322 drunk boating arrests. Additionally, officers issued 7,522 safety warnings and 4,171 citations for various other boating violations.

Noting that it is not out of the ordinary for many boaters to consider alcohol and boating mutually inclusive during holidays such as Independence Day weekend,

the Miami boat accident attorneys of Gerson & Schwartz, P.A. urged those planning to spend any time in the water to heed caution.  

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents.

 

MIAMI, FL—June 23, 2011 Nearly one year after a Ride the Ducks tour boat crashed into a barge on the Delaware River off of Philadelphia, resulting in the deaths of two Hungarian tourists, the National Transportation Safety Board began releasing their investigatory findings into the fatal Duck boat crash. According to information provided by NBC Philadelphia, one key NTSB finding was that prior to the boat collision, as the Duck boat was stalled on the river, the mate who was operating the barge was talking on his cell phone.

On July 7, 2010, a Ride the Ducks tour boat stalled in the water off Penn's Landing approximately 20 minutes before colliding with a barge. A total of 35 passengers and two crew members were thrown into the shipping channel as a result of the boat wreck. Two Hungarian students identified as 16-year-old Dora Schwendtner and 20-year-old Szabolcs Prem were killed in the Philadelphia Duck boat crash.

Upon conducting a full probe into the Philly Duck boat accident, NTSB investigators concluded that not only did the barge’s first mate fail to appoint another crew member to maintain a lookout for any potential dangers in the water below, he was also on his cell phone handling a family emergency at the time.

NTSB investigators also found that although initial reports suggested the Duck boat stalled as a result of an engine fire that broke out, investigations revealed that no fire was sparked prior to the collision.

Whether an individual is operating a car or operating a boat, handheld devices have been linked to countless accidents around the nation. According to Distraction.gov, the official U.S. government website for distracted driving, driver distractions can be considered anything from using a cell phone to changing the radio station or talking to a passenger from behind the wheel.

National Highway Traffic Safety Administration (NHTSA) statistics suggested about 1 in 5 traffic accidents that occurred during the year 2009 involved distracted driving. Crashes involving distracted drivers resulted in the deaths of 5,474 accident victims and left 448,000 others injured.  

 

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents.

 

MIAMI, FL— June 21, 2011 - U.S. Coast Guard (USCG) officials reported that a cruise ship passenger fell overboard Norwegian Cruise Line’s Norwegian Spirit vessel only three hours after the ship departed from a port in New Orleans. According to information provided by Cruise Critic via MSNBC, the NCL cruise ship accident occurred around 8 p.m. on June 19, 2011, as the vessel was passing through the Mississippi River so it could begin its seven-day Western Caribbean cruise voyage.

Though details concerning the ship accident, including the cause of the fall overboard, remained scarce, reports indicated cruise personnel utilized the vessel’s rescue boat to recover the accident victim.

The unidentified passenger that fell overboard was ultimately recovered and received preliminary medical treatment upon boarding the ship for a second time. Cruise line officials reportedly made arrangements for the accident victim to receive additional treatment for his/her unspecified injuries.  

According to Coast Guard recreational boating accident statistics, 431 falls overboard were reported during the year 2008. Those falls resulted in 188 deaths and left 257 victims injured. Furthermore, drowning was deemed to be the main cause of death related to such boating accidents. There were 510 drowning deaths reported in connection with recreational boat accidents in 2008.

About the Florida cruise ship accident lawyers and maritime attorneys of Gerson & Schwartz:

For more than 30 years, the Miami cruise ship injury attorneys of Gerson & Schwartz have been dedicated to protecting the rights of travelers and cruise ship employees who have sustained serious injury or been subjected to preventable harm while aboard these “hospitable” vessels. The experienced Florida cruise ship accident lawyers of Gerson & Schwartz, P.A. strive to ensure that justice be upheld in the cruise ship industry, and that cruise ship accident victims ultimately be compensated for their injuries and damages.

 

Miami, FL – June 21, 2011 - As revealed by a groundbreaking investigative report published by The Miami Herald in May, Florida’s assisted living facilities (ALFs) have seen scores -- and perhaps hundreds -- of deaths under questionable circumstances. The newspaper obtained the confidential records of 70 people who died in the past eight years due to the actions of their caregivers -- and provided horrific details for some of these cases. But while uncovering egregious negligence within the Florida ALF community is to be commended, much more needs to be done, says Miami injury lawyer and victims rights advocate Philip M. Gerson. The lightly regulated industry, he warns, has become a recipe for disaster -- and needless death.

“What the Herald article showed is something that injury lawyers and advocates for crime victims have known for a long time, that the ALF system is broken and dangerous in Florida,” says Gerson, who was interviewed by the Herald’s Michael Sallah as the story took form. “There is minimal regulation of ALFs and the state lacks the resources to enforce what rules do exist. That’s a deadly combination, as horror after horror exposed by the Herald -- incapacitated patients not given necessary medicine, elderly residents not provided medical care after falls, mysteriously bruised and battered victims -- made all too clear. Most of these cases were never prosecuted because Florida just doesn’t have the resources to police what is clearly an area that urgently needs to be policed.”

While tougher rules, stricter enforcement, and more investigators would be welcome, says Gerson, budget pressures and an administration that favors less regulation, not more, make those solutions difficult. “The politics of Florida see the state taking the ‘deregulate everything’ approach,” says Gerson, who has represented injury victims for more than 40 years, and is a board member of the National Center for Victims of Crime.

Indeed, given how he sees the current political climate in Florida, Gerson believes the best hope for exposing egregious ALF negligence -- and helping to prevent future instances of it -- lay in civil lawsuits, where victims of ALF abuse, or their families, take the facilities to court to account for their actions. “The reality is that state agencies and the criminal justice system lack the resources to investigate and prosecute the people causing the harm,” says Gerson. “So private rights of enforcement -- filing a civil lawsuit and taking an ALF to court -- is the only way to let the industry know that they can’t neglect the people entrusted to their care, and that they’re going to pay a price if they do.”

Gerson says simple regulatory steps could make a big difference, too, such as requiring ALFs to carry liability insurance. “It would add to the cost of running an ALF,” he notes, “but it would also mean insurance companies would be vetting these facilities and overseeing what they are doing, as they don’t want to be on the hook for needless injuries and death. If an ALF is not qualified, it wouldn’t be able to get insurance -- and then it wouldn’t be in business.”

But with even simple regulatory enhancements uncertain in Florida today, Gerson isn’t holding out much hope for them. “In the end,” says the Miami injury lawyer, “it is going to come down to civil lawsuits and the crime victims themselves to show that we’ve seen enough negligence and harm in Florida ALFs -- and we’re not going to see anymore.”

Founded in 1970 by Miami personal injury lawyer Philip M. Gerson, the law firm of Gerson & Schwartz, P.A., has spent the past four decades protecting, and vindicating, the rights of individuals who have suffered serious harm -- from automobile accidents to medical malpractice to cruise ship injuries. In the process, the firm has become recognized as “Top Lawyers” by the South Florida Business Review, and recognized widely for its work with public interest groups like the International Cruise Victims Association and the National Center for Victims of Crime. To learn more about the trial lawyers of Gerson & Schwartz, visit www.injuryattorneyfla.com.

 

MIAMI, FL— June 15, 2011 - A judge found Royal Caribbean Cruises negligent in the case of a September 2005 poisonous gas leak that left three cruise ship crew members dead and 19 others injured, reports NBC Los Angeles. According to Florida’s 11^th Judicial Circuit Court Judge Mark Schumacher, who presided over a lawsuit related to the deadly gas leak, “Royal Caribbean’s actions demonstrated a gross indifference to the life and health of not only the plaintiff but other passengers onboard the Monarch of the Seas when it continued to cruise with measures that allowed poisonous gas exposure to its passengers.”

Reports indicated there were more than 3,400 individuals aboard the Royal Caribbean-owned Monarch of the Seas cruise ship when hydrogen sulfide, a toxic and potentially lethal gas, leaked from some of the vessel’s seemingly corroded engine room pipes.

Monya Wright, a passenger aboard the ship, maintained, “We were never told there was a significant problem on that ship.” Shortly after U.S. Coast Guard officials inspected the ship and emergency personnel removed the bodies of those who died in the toxic gas leak, new passengers boarded and the vessel set sail yet again.

The court ruling stated that Royal Caribbean Cruises “failed to take reasonable measures to prevent exposure” to hydrogen sulfide, which the Los Angeles County Department of Health said has been referred to as a “knockout agent,” due to the fact victims of acute exposure to the deadly gas tend to lose consciousness at an exceptionally fast pace.

The judge further ruled that based on evidence in the case, the cruise company’s actions were “either intentional or constituted gross negligence.”

Bjoern Eidiseen, a former crew member aboard the cruise vessel, noticed that although patches were used to cover holes in some of the engine room pipes, he questioned the safety of the ship and subsequently warned his supervisors. However, his concerns were apparently dismissed and the ship continued on its voyage.

“It was totally crazy… We should have never sailed… The cruise line knew about it and they ignored the danger,” Eidiseen contended. The ruling also set the grounds for Eidiseen, who allegedly lost his job after expressing his concerns over the hazardous engine room pipes, to seek punitive damages in connection with the toxic gas leak. On the other hand, Royal Caribbean seemed to claim the former cruise ship worker was fired because he failed to wear protective equipment upon entering the engine room.

The cruise line, which argued in the past that the allegations were unsubstantiated, and attempted to have the lawsuit dismissed, told NBC LA reporters that safety is their main concern. The cruise ship company did not provide any updated comments on the case.

About the Miami crime victim attorneys and cruise ship injury lawyers of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of accident victims, as well as victims of crimes, which include but are not limited to murder, kidnapping, armed robbery, rape, sexual assault, assault and battery, stalking, and sexual molestation, the knowledgeable Florida personal injury lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to crime victims and those who suffer serious injury in a wide variety of car crashes, boat wrecks and cruise ship accidents.

 

 

MIAMI, FL— June 14, 2011 - A recent investigation by the Government Accountability Office (GAO) found that a significant portion of the almost 300 alleged sexual assault reports received by U.S. Department of Veterans Affairs Police between January 2007 and July 2010 were not relayed to the VA Inspector General's Office. Veterans Affairs policies mandate that all rape reports be passed on to the chain of command and the VA inspector general, the Washington Post explained.

Over a span of approximately three years,  VA police officials received a total of 284 reports of alleged sexual assaults at nationwide veterans hospitals and facilities. The alleged assaults were described as "suspected, alleged, attempted, or confirmed cases of sexual assault.”  

Among those reports, there were 67 cases of alleged rape and 185 cases of alleged groping. Furthermore, there were eight cases alleging “forceful” medical exams and 24 cases claiming miscellaneous forms of sexual assault.

Of those 67 alleged rape cases, only about one third were reported to the VA Inspector General's Office, as mandated by Veterans Affairs regulations. Reports noted that many of the sexual assault allegations have yet to be formally proven.

The GAO report also suggested that the level of “physical” security being upheld at many VA facilities was of a substandard nature. The investigation found that many facilities had defective alarm systems and an insufficient number of VA police officers on hand. The probe also revealed that some facilities failed to examine surveillance footage in an efficient manor.

The House Committee on Veterans’ Affairs, which requested that the GAO conduct the VA audit, was expected to discuss the security issues and the apparent trend of under-reporting next week. According to the committee’s chairman, Rep. Jeff Miller (R-Fla.), “When I first read this report, I was aghast… It reminded me of a 1950s prison system — lawlessness, lack of security and reporting, and outright disregard for human dignity.”

Additionally, Rep. Ann Marie Buerkle (R-N.Y.), chairman of the committee’s health division, contended, “The VA failed to protect patients and staff because it did not take the system-wide allegations seriously enough to actually address them.”

About the Miami Sexual Assault Lawyers and Personal Injury Attorneys of Gerson & Schwartz, P.A.

Working closely with advocacy groups such as the National Center for Victims of Crime (NCVC), the Miami sexual assault attorneys of Gerson & Schwartz are dedicated to protecting and enforcing the rights of rape and sexual assault victims. With more than 30 years of experiencing litigating a variety of complex injury and assault claims, the Florida injury attorneys of Gerson & Schwartz, P.A. will fight to help victims of sexual assault and rape obtain the justice a compensation they deserve.

MIAMI, FL— June 13, 2011 - More than one year after a boating accident claimed the life of two high school students from Middleburg, Florida, the boat operator, who happens to be the father of one of the victims, faces a first degree misdemeanor charge in relation to the crash. According to information provided by First Coast News, Ted Hanner, who was arrested and charged with reckless operation, was behind the wheel of an unspecified boat when it struck a horizontal tree branch, killing his son, Travis, as well as his son’s friend Halee Mickey.

Beyond being charged with reckless operation in connection with the fatal boating accident that occurred last February, officials from the Florida Fish and Wildlife Conservation Commission (FWC) contended Hanner also failed to keep proper lookout and operate the watercraft at an appropriate speed beforehand.

Reports suggested Hanner was operating the boat when its motor apparently began to shut down. Even though the vessel’s controls were seemingly in the on-position at the time, Hanner momentarily abandoned them so he could pump the fuel bulb, which was situated about seven feet away.

Shortly after he pumped the bulb, the motor regained full power and careened toward a nearby tree, where it subsequently collided with an overhanging branch. Hanner told FWC investigators that his son attempted to pull his friend away from the branch, but to no avail. Both of the teenagers suffered fatal injuries in the deadly boat crash.

According to the FWC’s accident report, “Leaving the controls of the vessel while under power and on plane, the operator [Ted Hanner] started a series of actions that led to this accident.”

Furthermore, though Hanner admitted to consuming a few beers on the day of the fatal wreck, toxicology tests revealed no alcohol in his system at the time.

U.S. Coast Guard (USCG) statistics indicated there were 4,730 recreational boating accidents recorded during the year 2009. Those boat crashes resulted in a total of 736 fatalities that year.

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents. 

 

Miami, FL – June 12, 2011 - After six years of contentious pre-trial -- discovery -- including a court ruling that chastised the defendant, Royal Caribbean Cruises, Ltd., for withholding important information as a disabled woman’s family sought justice -- a potentially landmark cruise ship injury case heads to trial. On May 19, Judge Jerald Bagley of the Circuit Court of the 11th Judicial Circuit in Miami-Dade County, Florida set a trial date of November 7th for the case, Amaran v Royal Caribbean Cruises, Ltd. (Case No. 04-26948 CA 27).

While the lawsuit is about compensation for a young doctor struck down at the threshold of her career, it is also about the need for important -- and long overdue -- changes to cruise ship policies for requiring emergency assistance measures by crewmen, according to the brain damaged passenger’s attorney, Philip M. Gerson.

“For six years our firm, Gerson & Schwartz, has been working with the family of Dr. Preetha Amaran to show that her horrific, permanent, life-altering injuries stem not just from one careless series of failures to act, but from lax Royal Caribbean emergency polices that the alleged go completely against the requirements of international maritime law,” says Gerson, a longtime advocate for cruise ship victims and a voice for reforms. 

“Royal Caribbean has done everything possible to hinder search for the truth -- and has already been taken to task for that by a Florida appellate court,” Gerson added. “We’re grateful that this case will finally be tried. And we’re confident that it will spur important, necessary, and fundamental changes in the way emergency responses are provided by Royal Caribbean.”

Preetha Amaran’s case, and her family’s six-year fight for justice, according to court documents, traces back to March 8^th 2004, when the 26-year old collapsed on a treadmill aboard a Royal Caribbean cruise ship. In a parent’s worst nightmare, her mother witnessed the event -- and also, she would later say, the failure of the fitness center’s director to use his training to render aid. In her sworn deposition, Preetha’s mother testified that the director made no effort to assess the seriousness of the situation. This, the Gerson & Schwartz lawyers will show at trial, delayed the arrival of the ship’s on-duty doctor -- precious minutes during which Preetha’s brain was deprived of oxygen. Indeed, the lawsuit alleges, by the time the doctor arrived – others having to bring a defibrillator up nine decks because the fitness center didn’t have one -- and Preetha was resuscitated, she had suffered irreversible anoxic brain injury.

Today, Preetha is severely incapacitated -- unable to speak more than a few phrases and unable to work. Requiring round-the-clock supervision, her career is over. Everything she worked hard to have for her future is gone forever. She will never live normally and enjoy the things we all take for granted.

Working with the injury lawyers of Gerson & Schwartz, Preetha’s mother brought this lawsuit so her family could have answers. Why wasn’t emergency equipment -- particularly a defibrillator -- not in place in the cruise ship’s spa? Why did the CPR-trained spa manager -- employed by co-defendant Steiner Transocean -- do nothing? Why was the arrival of the doctor unnecessarily delayed?

What deposition testimony revealed was that this tragic outcome was the result of widespread safety lapses. Royal Caribbean personnel and executives testified that the cruise line had an unwritten policy that crewman need not use the training they received unless they felt “comfortable” doing so -- even if a life was at stake.

“This is completely contrary to international maritime law,” says Gerson, “and at trial we are going to show that. Maritime law is very clear on the matter: People trained in CPR are required to use CPR in a medical emergency. Royal Caribbean’s policy defies the law, defies common sense and is creates a serious risk for the vacationing public and the cruise ship industry.”

The hope, Gerson continues, is that “by showing this deviation from the law we can fix it, requiring Royal Caribbean to follow the rules -- and make sure that those who work aboard ships aren’t just trained in first aid, but are expected to use their training, especially when it is needed urgently. We want to make sure, too, that all cruise ships have a defibrillator in every fitness center and spa. In short, we want to prevent senseless, needless, injuries like Preetha’s.”

But that quest, Gerson notes, has been difficult. “Royal Caribbean has made it extremely hard for us to get justice, making it unnecessarily burdensome to locate key witnesses in a timely fashion. The Third District Court of Appeal of Florida, said as much when it ruled that Royal Caribbean had hindered our search for the whereabouts of the ship’s doctor who ultimately resuscitated Preetha by giving us an address in care of an employment agency in South Africa when he was actually working on their very own ships.” (Amaran v. Marath, 34 So.3d 88 (Fla. 3d DCA 2010))

"They knew how to locate him but concealed it for two years" says Gerson.

While the November trial will look at what happened in Preetha’s case, Gerson says that its true impact will be in what happens after the case is decided: “What we hope -- and expect -- to see is not just justice for a grievously incapacitated young woman, but changes to an industry that has, for too long, put profits and convenience ahead of passenger safety -- and their duties under the law.” 

Founded in 1970 by Miami personal injury lawyer Philip M. Gerson, the law firm of Gerson & Schwartz, P.A., has spent the past four decades protecting, and vindicating, the rights of individuals who have suffered serious harm -- from automobile accidents to medical malpractice to cruise ship injuries. In the process, the firm has become recognized as “Top Lawyers” by the South Florida Business Review, and recognized widely for its work with public interest groups like the International Cruise Victims Association and the National Center for Victims of Crime. To learn more about the trial lawyers of Gerson & Schwartz, visit www.injuryattorneyfla.com.

 

 

 

MIAMI, FL— June 9, 2011 - A few months after a 15-year-old girl lost part of her leg in a South Florida boat accident, two 16-year-old boys have been charged in connection with the boating mishap. According to information provided by the Associated Press, the accident victim was badly injured upon swimming up to the boat, which was positioned near the Juno Beach Fishing Pier in Palm Beach County, and attempting to climb aboard.

Reports indicated Gabby DeSouza was swimming near the Juno Pier when a boat occupied by a couple of her friends arrived. Although several lifeguards apparently used their horns and whistles to warn the young boaters that they were operating their watercraft in an area meant for swimmers only, DeSouza decided to try to climb on board anyway. Unfortunately, her foot became entangled with the watercraft’s propeller as she attempted to do so.

Immediately after the February 5, 2011 boating accident, the two boys allegedly left the scene and avoided contacting authorities to report the mishap. Reports did not specify how the accident victim made it to shore before being transported to the hospital to be treated for her injuries.

On June 7, officials from the Palm Beach County Sheriff’s Office (PBSO) arrested the two unidentified teenagers that initially fled the scene and subsequently booked them into an unspecified juvenile detention center. They were charged with leaving the scene of an accident with injury, as well as culpable negligence, in connection with the Palm Beach accident.

According to statistics provided by the U.S. Coast Guard (USCG), 4,730 recreational boating accidents, which resulted in a total of 736 deaths, were recorded in the United States during the year 2009.

 

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents.

 

 

 

 

MIAMI, FL— June 8, 2011 - “Not guilty,” pleaded former International Monetary Fund Chief Dominique Strauss-Kahn, who was accused of sexually assaulting a chambermaid at Manhattan’s Sofitel hotel last month. Before the French politician could even set foot inside the NYC courtroom on June 6, so he could plead not guilty to sexual assault and attempted rape charges, he was greeted by a fuming mob of hotel employees. New York Daily News reports suggested their message was simple and to the point: “Shame on you.”

The former head of the IMF was placed on house arrest, with his bail set to $6 million, after a housekeeper at the Sofitel hotel claimed Strauss-Kahn forcefully removed her clothing before making her “perform oral sex and submit to anal sex.”

While defense attorneys on the case are expected to argue that the episode was consensual, those representing the alleged sexual assault victim, who has remained both unidentified and unseen thus far, maintained that his client had no intention of dropping the charges or settling with the defendant.

Additionally, a recent Newsweek report shed light on a luxury hotel industry in which the need to fulfill the desires of rich and powerful guests has the potential to surpass the need to ensure that employees are not subject to harassment or sexual assault.

According to the Miami sexual assault attorneys of Gerson and Schwartz, many hotels are reluctant to report occurrences that could be viewed as sexual harassment or assault due to the fact that the cases will likely result in negative press. 

Even an unidentified security supervisor at one of Las Vegas’ major hotels told reporters, “We are not police. We are not looking to call something a crime. Unless someone wants to press charges, we try not to call Metro.”

Furthermore, although panic buttons could help protect hotel employees from potentially dangerous guests, the question remains: Are hotel security officers trained to react and respond in an appropriate and timely fashion?

Though a trial date for the Strauss-Kahn sexual assault case has yet to be set, the case is ongoing.

About the Miami Sexual Assault Lawyers and Personal Injury Attorneys of Gerson & Schwartz, P.A.

Working closely with advocacy groups such as the National Center for Victims of Crime (NCVC), the Miami sexual assault attorneys of Gerson & Schwartz are dedicated to protecting and enforcing the rights of rape and sexual assault victims. With more than 30 years of experiencing litigating a variety of complex injury and assault claims, the Florida injury attorneys of Gerson & Schwartz, P.A. will fight to help victims of sexual assault and rape obtain the justice a compensation they deserve.

 

 

 

 

 

MIAMI, FL—June 7, 2011 - Eight days after a violent jet ski crash landed singer Sean Kingston in the hospital with critical injuries, the Miami-born musician’s publicist told reporters he took his first steps and was now breathing on his own. According to information provided by CNN, Kingston had water in his lungs and broke both his jaw and wrist after crashing his personal water craft (PWC) into a Miami Beach bridge on May 31.

While Sean Kingston, 21, remained hospitalized at Jackson Memorial Hospital, his condition was upgraded to “serious” as he began to walk and breathe on his own again. According to sources, it will likely take the singer six weeks to recover from the injuries he sustained in the Miami boating accident.  

Authorities from the Florida Fish and Wildlife Conservation Commission (FWC) told reporters Kingston was operating his Sea Doo jet ski off Miami Beach when it crashed into the Palm Island Bridge. Kingston’s life vest reportedly fell off on impact.

Witness Jonathan Rivera, who was boating with his wife at the time, contended, “I pushed him up, and he was vomiting what seemed like water, and then there was some blood coming out.”

Kingston was rushed to Jackson Memorial’s intensive care unit in critical condition following the jet ski wreck. Cassandra Sanchez, 23, was also riding on the jet boat when it crashed. She was hospitalized with what appeared to be non-life threatening injuries in the crash.

Though it was not clear what caused Kingston to lose control of his jet skia full investigation into the injurious boating accident was expected to be underway.

Twenty-two percent of 4,730 recreational boating accidents reported during the year 2009 involved personal watercrafts, U.S. Coast Guard (USCG) suggest. Furthermore, boat crashes resulted in 736 fatalities that year.

 

About the Miami cruise ship injury lawyers and boat accident attorneys of Gerson & Schwartz, P.A.

With four decades of experience litigating the multifaceted personal injury and wrongful death claims of boat and cruise line passengers who are hurt or assaulted onboard, the knowledgeable Florida boating accident lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami personal injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of boating accidents.

 

 

MIAMI, FL—June 06, 2011 - Citing recent cases of sexual assaults on hotel maids, two New York City hotels have decided to offer their housekeepers panic buttons as a means of protecting them from potentially violent guests. According to Reuters, the Manhattan-based Sofitel hotel, where International Monetary Fund (IMF) Chief Dominique Strauss-Kahn allegedly sexually assaulted a chambermaid during his stay, and The Pierre hotel, where the former chairman of one of Egypt’s main banks, Mahmoud Abdel-Salam Omar attempted to rape a housekeeper, plan to give their employees panic buttons so they have the ability to contact hotel security if they find themselves in danger.  

Even the New York Hotel & Motel Trades Council has reportedly taken the initiative to begin petitioning for a law that would require all New York hotels to provide their employees with panic buttons. According to the Miami injury attorneys of Gerson & Schwartz, who specialize in cases of on-the-job rape and sexual assaults, a nationwide law mandating the use of panic buttons in hotels could be extremely conducive in the fight against workplace violence.

Bureau of Justice Statistics indicated that of approximately 36,500 workplace victimizations reported on an annual basis, 2.1 percent consisted of cases in which employees became victims of workplace sexual assault or rape.

Additionally, statistics provided by the Rape, Abuse & Incest National Network (RAINN) suggested that only about 40 percent of all rape cases are ultimately reported to police. If a rape victim does indeed report their case to authorities, there is only a 50.8 percent chance that the attacker will be arrested.

Furthermore, while there is an 80 percent chance that the offender will be prosecuted in the case, there remains only a 58 percent chance of conviction and a 69 percent chance that the assailant will be sentenced to time in jail.

 

About the Miami Sexual Assault Lawyers and Personal Injury Attorneys of Gerson & Schwartz, P.A.

Working closely with advocacy groups such as the National Center for Victims of Crime (NCVC), the Miami sexual assault attorneys of Gerson & Schwartz are dedicated to protecting and enforcing the rights of rape and sexual assault victims. With more than 30 years of experiencing litigating a variety of complex injury and assault claims, the Florida injury attorneys of Gerson & Schwartz, P.A. will fight to help victims of sexual assault and rape obtain the justice a compensation they deserve.