5 Reasons to Stay Sober on the Water

A passion for boating and appreciation for Florida's vast waterways often begin early in life. For Floridians, this beloved tradition offers countless chances to unwind and discover the scenic beauty of the state’s extensive coastlines, estuaries, swamps, and springs. While this pastime offers enjoyment, it also carries important responsibilities and legal duties. It's widely understood that some individuals struggle to manage themselves on the water, especially under the sun, with a drink in hand. 

Boating under the influence is a grave offense in Florida, posing risks not only to people but also to the wildlife and marine environment. To combat this, authorities enforce strict penalties for BUI violations. If you or a loved one has been injured in a boating accident, you need an experienced attorney to hold those accountable for your damages and to receive the compensation that you deserve. Contact Mase Seitz Briggs to discuss your legal options.

BUI in Florida

With one of the highest numbers of registered recreational boats, Florida is a hub for boating enthusiasts. Sadly, this also translates to a leading number of boating accidents and deaths. Alcohol use and boating under the influence are the most common causes behind these tragic incidents, leading to countless injuries and fatalities on the water. 

Alcohol can significantly impair your ability to operate a boat safely, and it is illegal to boat with a BAC of 0.08% or higher, just as if you were driving a vehicle. You could be facing severe, far-reaching penalties if you are accused of boating while under the influence or if you have injured anyone while BUI. 

5 Key Facts about BUI:

  1. Legal BAC is 0.08%: Just as if you are operating a vehicle with a BAC of 0.08% or higher, it is illegal to operate a boat. Also, if your BAC shows as 0.05% or higher and you have demonstrated an inability to operate the vessel, you could still face charges safely.
  1. BUI is a criminal offense with severe penalties: Penalties for BUI in Florida are generally a misdemeanor unless you cause serious harm or fatal injury to someone. Your first conviction of a BUI can be punishable by up to 6 months in jail, a $1,000 fine, and 50 hours of community service. Plus, your boat is impounded for 10 days.
  1. Zero tolerance for underage operators: There is zero tolerance for minors who are operating a boat in Florida’s waterways with a BAC of 0.02% or higher. They will face penalties such as a boating safety course, 50 hours of community service, or worse. 
  1. Impact on Judgement and Safety: Boating under the influence significantly impairs judgment, reaction time, and coordination, making it extremely dangerous for the operator and those around them. Florida FWC reports that alcohol is a major factor when it comes to fatalities in boating accidents, and around 23% of all boating fatalities involve drugs or alcohol as a primary cause. 
  1. Repeat offenders: BUI repeat offenders can face increasing penalties such as extended jail time, felony charges, thousands of dollars worth of fines, and an impounded boat. 

Operating a boat under the influence is incredibly dangerous for you, your passengers, other boaters, and even the local wildlife. Drinking affects your judgment, slows your reaction times and throws off your coordination - all the things that you need to operate a boat safely. And if you think refusing a breathalyzer gets you out of trouble, think again. Florida authorities treat such refusals as a violation of implied consent laws, which can result in added penalties, including hefty fines and potential license suspensions.

Contact Our Office for a Free Consultation

When alcohol is involved, a day on the water can quickly turn tragic. If you’ve been hurt in a boating accident, seeking compensation for your damages will require filing a civil lawsuit, as criminal cases don’t provide financial compensation to victims.  Too often, one person’s negligence can lead to the suffering of others. If you’ve been injured by a boater who was operating under the influence, don’t hesitate to protect your rights. Contact Mase Seitz Briggs immediately to have experienced representation for your claim. 

Legal Implications of Titanic Submarine Disaster

Updated at 1:09 P.M. EST on June 23, 2023

A submersible watercraft carrying five individuals has imploded during an expedition to view the wreckage of the Titanic. The carbon-fiber submersible, named Titan, embarked on its journey with a 96-hour oxygen supply on Sunday, June 18, but lost contact with its support ship shortly after submerging. Reports emerged during the search for the missing vessel that debris of components belonging to the Titan were found scattered on the seabed.

It is believed that the submersible succumbed to the immense pressure it faced during its decent leading to an implosion and the loss of all 5 passengers inside the vessel. In the wake of this disaster, it is essential to explore the legal implications surrounding this unfortunate incident.

Liability and Responsibility in Submarine Incidents

Determining liability and responsibility in this case will involve a complex legal analysis. Several parties could potentially be held responsible, including the operators of the submersible, OceanGate Expeditions, and the individuals directly involved in the expedition. Proof of negligence is paramount to determine whether any of these parties are liable.

Operator Liability

In 2018, an employee at OceanGate Expeditions, David Lochridge (the Director of Marine Operations at the time), filed a claim against the company alleging he was unfairly fired. According to the claim, the company held a meeting in January 2018 about concerns over the quality control and safety of the submersible. Lochridge alleged major safety issues including the use of a porthole that was only certified to withstand pressure of 1,300 meters (for reference, the Titanic wreckage is located at a depth of 3,800 meters). At the end of the meeting, after saying that he would not authorize any manned tests of the Titan without a scan of the hull, Lochridge was fired and escorted from the building. OceanGate maintained in its lawsuit that the submersible Titan “is designed to reach depths as great as 4,000 meters.”

OceanGate Expeditions, as the owner of the submersible, has a duty of care to ensure the safety of their passengers and the proper functioning of their equipment. Any negligence on their part, such as inadequate maintenance or failure to provide sufficient training and emergency procedures, could potentially make them liable for the incident. Notice of possible dangers, as Lochridge discussed in his 2018 meeting, may also play a role. OceanGate could find themselves at fault if it knew that the Titan was not adequately designed to withstand pressure at depths of 3,800+ meters.

Adequacy of Safety Measures

The safety measures implemented by the support ship and OceanGate Expeditions will be evaluated. This includes examining the communication systems, emergency protocols, and contingency plans in place to respond to such situations. If any shortcomings are identified, it could result in legal consequences for the responsible parties.

In assessing the adequacy of safety measures, it is important to consider the specific features and design of the submersible. In this case, the submersible is reported to be bolted shut from the outside, making it inaccessible to the occupants and potentially complicating rescue efforts.

The fact that the submersible's exit hatch requires specialized tools to open raises additional concerns regarding the feasibility of immediate rescue operations. If the vessel is located but cannot be opened without the appropriate tools, it could significantly delay the extraction of the occupants.

In addition to statements by former employee David Lochridge, emerging reports from former expedition passengers have surfaced with one adventurer who went on this very expedition in August 2021 stating that he was ‘incredibly lucky’ to survive. The passenger, Arthur Loibl, called the voyage a ‘suicide mission’ and when speaking to German tabloid Bild, noted a number of red flags that he witnessed during his adventure including electrical problems, loose components on the vessel being reattached with zip ties, and more. A would-be passenger, Chris Brown, who was originally planning on going on this tour of the wreckage has also emerged stating that he withdrew due to safety concerns.

Jurisdictional Issues and DOSHA

Determining the applicable jurisdiction and the specific laws governing the incident will be an important aspect of any legal proceedings that may arise. The incident took place in the waters surrounding the wreckage of the Titanic which is in international waters about 370 nautical miles off the coast of Newfoundland, Canada.

Under the Death on the High Seas Act (“DOSHA”) a decedent’s “spouse, parent, child, or dependent relative” can bring a civil action in admiralty against the person or vessel responsible given that the incident occurred on the “high seas”. The “high seas” means “beyond three nautical miles from the shore of the United States.” This would only apply if the claim was filed in a U.S. court, not in Canada.

In the unfortunate event that the five passengers aboard the Titan submersible are not found alive, their family members may be able to bring a DOSHA claim to recover for the wrongful death of their loved one. The Titan lost contact with its support ship when it was nearly halfway down to the Titanic’s wreck. The wreck is roughly 900 miles east of Cape Cod in Massachusetts, and, therefore, certainly more than three nautical miles from the shore. If the family members can establish that the passengers on the Titan were killed as a result of a wrongful act or negligence, they may be entitled to recover monetary damages under DOSHA.

The flag state of the support ship Polar Prince (Canada) and the submersible will play a significant role in determining jurisdiction and viability of a DOSHA claim. The laws and regulations of the flag state typically apply to vessels registered under its flag, including issues of liability and safety standards. OceanGate, the company responsible for the operation of the submersible, is a privately held company based in Everett, Washington.

International Maritime Law

As an incident involving multiple nationalities, international maritime law principles will likely come into play. International conventions, such as the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention on Salvage (SALVAGE), provide guidelines and legal frameworks for maritime safety, salvage operations, and liability issues.

Contracts and Liability Waivers

Prior to embarking on the journey to the Titanic, passengers were required to sign a waiver acknowledging the potential risks associated with deep-sea diving in the submersible. Companies that take guests on dangerous expeditions often require people to sign waivers before the expedition in an attempt to purge themselves from potential legal issues. The specifics of this waiver and other contractual agreements between the passengers and OceanGate may have bearing on any claims that emerge from this incident, depending on the wording of the documents.

The disappearance of the submersible during a Titanic expedition raises numerous legal implications. Determining liability, evaluating search and rescue efforts, considering jurisdictional issues, and reviewing any contractual agreements between the tour company and its passengers will be crucial steps in any legal proceedings that may follow. In the wake of this disaster, it is imperative for authorities, legal experts, and relevant stakeholders to work together to ensure a comprehensive investigation and address any legal ramifications arising from this unfortunate incident.

Eleventh Circuit Affirms Defense Verdict in Fight Case

Gould v. Carnival Cruise Lines

The Eleventh Circuit Court of Appeals affirmed the defense trial verdict entered on behalf of Carnival obtained by the trial team from Mase Mebane Seitz, which was led by Curtis J. Mase and William Seitz.

In Gould, the Plaintiff claimed that she was injured while she was reboarding the ship in Nassau. She was getting onto the gangway when two passengers got into an altercation in front of her. One of the passengers knocked Plaintiff off of the gangway to the pier below. She hit her head and claimed a traumatic brain injury. Plaintiff alleged that Carnival failed to adequately monitor the pier and gangway, and that it failed to provide adequate security. She asserted that Carnival had notice of the violent propensity of the two passengers because they were involved in a previous altercation on the pier before they got onto the gangway. In a 67-page Order, the District Court wholeheartedly disagreed with Plaintiff and entered a verdict in favor of Carnival on all counts. The Court found multiple reasons why Plaintiff’s claims failed. Of note, it found that a cruise line does not have a duty to monitor the pier in a foreign port. It also narrowly defined the risk creating condition. In this case, the Court found the risk creating condition to be only the specific passengers involved in the fight, not the general risk of passengers getting in a fight.

The decision helps limit cruise lines’ duties for incidents that occur off the ship, including on the pier. It also continues the Eleventh Circuit’s trend of more narrowly defining the risk creating condition in fight cases – the passengers themselves, not the propensity for fights overall.

Gould v. Carnival Corp., Case No. 19-cv-20289-JG, (S.D. Fla. Sept. 2021), affirmed Gould v. Carnival Corp., Case No. 21-13308 (11th Cir. 2022).

No More Motorized Scooters for Miami?

Miami City Commission Votes to End, Then Reinstate Motorized Scooter Program

In November 2021, the Miami City Commission voted to end a multi-year program that allowed motorized scooters to be placed throughout the city. The program, which had been in place for several years, came to an abrupt end with vendors being told they had a week to pick up their inventory. Electric scooter opponents have long been concerned about the dangers they present to traffic and pedestrians.

At Mase Mebane Seitz, we represent individuals who have been hurt or killed as a result of another person’s negligence. Dockless, motorized scooters can cause serious harm to an unsuspecting person. If you have been injured in a motorized scooter accident, contact our office at (844) 627-3529 for a free consultation. 

The Motorized Scooter Debate

Since at least 2018, Miami has approved the use of motorized scooter rentals in the city. The pilot program originally authorized nine private operators to rent nearly 4,000 dockless electric scooters in an effort to improve micro-mobility throughout Miami. 

The program has been met with controversy since the beginning. Last year, the Miami City Commission voted to suspend the program until new regulations could be passed. Despite new safety efforts, the commission again voted to end the program in November. 

Critics have noted that the scooters are often left haphazardly on the sidewalks, creating a prime opportunity for injury. They also pose a risk to vehicular traffic and to passengers who are not familiar with the machine.

Reinstated with New Regulations

As noted by NBC 6 South Florida, a week after the commission decided to end the program, they notified the public that they would hold a special meeting to address the issue. At the meeting, commissioners voted 3 to 1 to rescind the ban on the scooters. However, they imposed new regulations in an attempt to make the devices safer.

New motorized scooter regulations could include:

The new rules were recently released, and bans have already been issued. According to NBC, five of the seven scooter companies in Miami are now banned for their failure to adhere to the new rules. Helbiz and Spin are now the only permitted options.

What to Do If You Are Involved in a Scooter Accident

Whether you are injured while riding on a motorized scooter or injured as a result of one, you might be entitled to compensation. It is essential that you act quickly as you only have a limited amount of time to file a claim based on personal injury. 

It is in your best interest to contact an attorney immediately after the accident to ensure that you receive the maximum compensation available in your case. Motorized scooters can be a hazard for riders, pedestrians, bicyclists, and others; companies must be held accountable for any resulting injuries.

Injured in a Motorized Scooter Accident? Contact Our Office!

Were you or a loved one injured in a motorized scooter accident in Miami? Contact our office at (844) 627-3529 for a free, no-obligation consultation. Our experienced trial lawyers will help determine if you have a right to compensation against a negligent company or individual. 

2022 Florida Boating Safety Act – What You Need to Know

The New Boating Safety Legislation Introduced in the Florida House and Senate

GOP Senator Ileana Garcia and Republican representative Adam Botana have sponsored bills in the Florida Senate and House to improve boating safety and prevent accidents on the water. The Boating Safety Act of 2022 requires rental companies to obtain a no-cost permit through the Florida Fish and Wildlife Conservation Commission (FWC) and will impose additional regulations.

At Mase Mebane Seitz, we know the importance of this and other efforts to reduce the number of boating accidents on Florida waterways. We provide dedicated legal representation to individuals who have been injured in boating accidents. Our lawyers have successfully tried hundreds of cases and will fight to ensure that you receive the maximum recovery on your case.

If you were injured in a South Florida boating accident, contact our office at (844) 627-3529 for a free, no-obligation consultation. 

New Boating Safety Legislation

As noted in a press release from Senator Ileana Garcia (Miami), she and Representative Adam Botana (Bonita Springs) are sponsoring the Boating Safety Act of 2022, filed as Senate Bill 606 and House Bill 493. The legislation is aimed at improving safety on Florida’s waterways through increased penalties for violations, a permitting program, and new requirements for livery (boat rental) operations.

New rental requirements would include additional safety instruction requirements, the implementation and storage of written agreements for at least one year, and the ability of law enforcement to inspect rental facilities and their documentation. 

Careless Vessel Operation

According to the senator, the bill is part of an overhaul attempting to deter and prevent illegal rental operations. Illegal rental operations likely contributed to a large number of injuries and deaths. In 2020, boating accidents increased 16% when compared with the previous year. 

Many boating accidents are caused by careless vessel operation, which the senator hopes to address with this legislation. Rental companies are now required to give out enhanced instructions on the safe operation of the vessel. 

Increased Penalties

The Boating Safety Act would also increase penalties for a number of violations and create an illegal Boating Strike Team to help support local law enforcement. All of these measures are aimed at stopping bad actors and preserving the natural resources of Florida’s coast.

Penalties would increase for:

The “comprehensive approach” to improving boating safety will now move through committees before a final vote. On November 30, 2021, the bill was presented to the Senate Committee on Environment and Natural Resources, where it passed unanimously. It is now in the Appropriations Subcommittee on Agriculture, Environment, and General Government.

Hiring a Qualified Attorney

If you are injured in a boating accident, you need legal representation. Depending on the circumstances of the case, you might be entitled to compensation from a liable party. Our experienced trial lawyers will fight to get you the recovery you deserve. Contact our office at (844) 627-3529 for a free consultation today.

Shark Tank Star Kevin O’Leary’s Wife Found Not Guilty in Boat Crash that Killed Two

Ontario Court Justice Finds that O’Leary Was Not Criminally Responsible in Fatal Boating Accident 

The wife of Shark Tank star Kevin O’Leary has been found not guilty of the careless operation of a vessel. Charges stem from a 2019 collision with another vessel that killed two. The fatal boating accident occurred on Lake Joseph in Central Ontario, north of Toronto.   

At Mase Mebane Seitz, we know the devastation that a fatal boating accident can cause. We represent individuals and their families who have suffered this indescribable harm. If you were injured or lost a loved one in a boat crash, contact our office at (844) 627-3529 for a free consultation.  

Deadly Collision on the Water 

According to reporting by USA Today, Linda O’Leary was operating a boat the night of August 24, 2019, when it suddenly collided with another vessel on Lake Joseph in Central Ontario. The sudden impact knocked passengers in the other boat to the floor. Three were injured, and two ultimately died as a result of the crash.  

Multiple news sources indicate that Mr. O’Leary and a family friend were on board the vessel that Mrs. O’Leary was driving at the time of the crash. Linda O’Leary was initially charged in 2019, shortly after the boating accident. Charges were filed under a provision of the Canada shipping act. 

Operating Without Navigation Lights 

Mrs. O’Leary, through her attorney, had stated that the other vessel had no navigation lights operating at the time of the crash. An article in The Canadian Press seems to confirm that the judge’s ruling relied heavily on the fact that the boat hit by Mrs. O’Leary, a Nautique, had its lights off when it was struck.   

Testimony heard during the trial indicates that the Nautique was being used for a “stargazing excursion” on the night of the boating accident. The operator turned off the navigation lights so that passengers would “acquire an unobstructed view of the night sky.” The judge found that there was insufficient evidence to make a finding that speed or O’Leary’s impairment played a role in the fatal accident.  

What to Do in a Boating Accident 

If you are involved in a boating accident, it is important to act quickly. First, check for persons who may have been thrown overboard and render aid until medical personnel arrive. Next, if you or others were injured in the accident, you need to contact an attorney immediately. Law enforcement may need to be notified.  

Damages in boating accidents may include compensation for your medical bills, pain and suffering, lost wages, and more. Failure to bring a lawsuit immediately could result in your claim being denied. 

Discuss Your Case with a Trial Lawyer Today 

If you were injured in a boating accident, you need to act quickly to protect your rights. Contact Mase Mebane Seitz to schedule a free, no-obligation consultation. Our experienced trial lawyers will fight to get you the recovery you need after a devastating boat crash.

Call (844) 627-3529 to get started. Our lawyers provide every client with personalized legal representation, ensuring they get the best possible outcome on their case. We have successfully tried hundreds of cases and will not hesitate to take your case to trial to get justice.