Skip to main content

Maritime Law--Boat Captain Sentenced in Fatal Parasailing Accident

The Virgin Islands Daily News reports that a U.S. Virgin Islands boat captain charged with causing the death of a woman killed while parasailing has been sentenced to 6-months of house arrest. The captain was also order to serve 1-year of supervised release, pay $1.4 million in restitution (along with the parasailing company) to the victims and perform 150 community service hours with the U.S. Coast Guard.

Police report that the captain took Bernice Kraftcheck and her daughter on a parasailing tour in 2011 amid heavy winds. The tow line broke, causing the women to fall into the water. The women were still reportedly attached to the parasail, killing Kraftcheck and seriously injuring her daughter. The captain pleaded guilty to operating the boat in a negligent manner and the parasailing company pleaded no contest to misconduct or neglect of a ship owner.

A complete copy of the article can be found here => Virgin Islands Daily News.

The new U.S. Coast Guard Captain of the Port for the Seventh District also stated in comments at a recent Propeller Club event, sponsored by Chalos & Co, P.C. that he was concerned at the safety of parasailing activities. He advised that it was an issue that the U.S. Coast Guard is carefully watching.

If you are interested in reaching me, you may do so by contacting me at mov@chaloslaw.com.

Comments

Popular posts from this blog

ReThink + ReUse Center "It's How We Roll" Fun Raiser -- Bowling Night -- October 16, 2014

As many of my readers may be aware, I am the Chair of the ReThink + ReUse Center, a non-for-profit educational and environmental Center in Miami educating children into rethinking reuseable materials for learning through play. The ReThink and ReUse Center’s Quality Play is Learning Program provides a series of educational and participatory workshops based on the philosophies of Reggio Emilia and Harvard's Project Zero Visible Thinking. The Children’s Trust is the major funder of this program, but the Center is required to continually fundraise for the balance its annual budget.   The Center is having a fun event you are invited to--the ReThink + Reuse Center’s “It’s How We Roll” bowling event on October 16, 2014 at Splitsville Luxury Lanes from 18:00 to 21:30 hours. My firm, Comcast and Waste Management are major sponsors for this event, but we could use a few more sponsors. If you are interested in sponsoring the event, please let me know by reaching me at mov@chalos...

Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector.       The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl...

Maritime Law--Lozman Case Revisited in Miami?

In Hoefling v. City of Miami , Case no.: 14-12482 (11th Cir. Jan. 25, 2016), the U.S. Court of Appeals for the Eleventh Circuit revived almost all of Hoefling's claims. You ask, "Who is Hoefling?" Hoefling  lived on his sailboat Metis O moored off Dinner Key for nearly a decade—until the day he came home and it was gone. About three months earlier, an officer from the Miami Police Department's Marine Patrol Detail tagged Hoefling's vessel for lacking a sanitary device and a working anchor light. He had a deal to use the facilities at the nearby marina but quickly went out and reportedly bought what he needed to comply. Three months later while he was on a business trip, the City of Miami seized and destroyed his boat and all his belongings. As a result, he was homeless. He sued under § 1983, maritime law, and state law. He stated a claim under the Fourth Amendment for seizure and destruction without notice or cause and a “taking.”    At the ...