What happened?
About 4 years ago the diving boat caught fire around 3 a.m. There were 33 passengers asleep in their bunks below deck. The crew slept in a separate quarters above the deck. Upon discovering the fire, the crew attempted to extinguish it and warn the passengers, but they were too late and the fire resulted in the death of all passengers.
The captain was recently found guilty of one count of Seaman’s manslaughter. He is scheduled for sentencing on February 8, 2024.
How did it occur?
Jerry Boylan as captain of scuba diving boat, The Conception, failed to assign a crewmember to be night watch. This was a required practice as indicated on the boats certificate of inspection issued by the US Coast Guard.
The inspection reads, in relevant part “A MEMBER OF THE VESSEL'S CREW SHALL BE DESIGNATED BY THE MASTER AS A ROVING PATROL AT ALL TIMES, WHETHER OR NOT THE VESSEL IS UNDERWAY, WHEN THE PASSENGER'S BUNKS ARE OCCUPIED.”
This is considered gross negligence. Negligence is typically only a tort, or civil wrong. When someone is grossly negligent, it’s is more than just a civil wrong, but can result in criminal charges.
Boating accidents:
Boating accidents are increasingly common. This is especially true in Florida, which leads the nation in many boating statistics. Florida had 712 recreational boating accidents with 66 deaths in 2022. As the number of boat owners and recreational boating trips increases, the number of accident will likely also increase. As boating accident injury lawyers, this is a cause for our concern.
Falling overboard and drowning has been the number one cause of death in Florida boating accidents for over 5 years. Of all drowning victims, 81% were not where a life jacket. Almost half of all Florida boating accidents occurred because of negligence by the captain or passengers.
So, what can you do to prevent injury?
- Wear a life jacket
- Be aware of your surroundings
- Take a boating safety course
- Keep an eye on the weather and conditions of the water
- Check all equipment before departing
- Perform routine maintenance and repair
When boat captains do not do these kinds of standard practices, they breach their duty.
What to do if you or a family member are injured in a boating accident?
If you are injured in a boating accident, schedule a no-cost consultation with our experienced personal injury attorneys today. We have experience handling cases where a boat captain’s negligence resulted in passenger deaths. Contact Law Offices Cytryn & Velazquez, P.A., to schedule your free consultation.