Lawsuits Filed Against the Estate of Deceased Marlins Ace Jose Fernandez in 2016 Florida Boating Accident
The tragic boating accident in South Florida that killed Miami Marlins ace pitcher Jose Fernandez is again in the headlines. The September 2016 Florida boating accident resulted in the deaths of the Marlins pitcher and his two passengers when Fernandez’s boat crashed into a jetty in waters off Miami in the early morning hours of September 9th. Both passengers’ estates have now filed lawsuits against Fernandez’s estate according to a report from Sports Illustrated. Both these lawsuits claim that Fernandez was legally intoxicated when the accident occurred and each seeks $2,000,000 in damages. These claims are consistent with a toxicology report that was performed in connection with the official investigation of the accident. This toxicology report reflected that Fernandez was both legally drunk and also had cocaine in his system when the accident occurred.
Florida’s Unfortunate History of Fatal Boating Accidents
Florida is surrounded by water. The Atlantic Ocean runs the length of the state’s eastern side, while the Gulf of Mexico runs along the entire West Coast of the state. In addition, Florida has countless lakes, springs, rivers and other freshwater bodies of water. All this water makes the state a boater’s paradise. However, Florida is also the most dangerous state in the country for boaters. According to Florida Fish and Wildlife Conservation Commission statistics for 2015, Florida had the most fatalities in boating accidents with 581 deaths, handily beating out California by over 200 fatalities despite California’s much larger population.
Florida Law Regarding Boating Accidents
Florida law regarding boating is similar to that concerning the operation of motor vehicles. For example, like the driver of any car, Florida law requires the operator of a boat to utilize ordinary care to keep his passengers as well as nearby boaters safe. If a boat’s operator is negligent in the operation of his vessel, then he or she can be sued for negligence under Florida law by either his own passengers or other boaters if the negligence results in an accident that injures or kills someone. If a boat’s operator is negligent in causing an accident and this negligence results in injuries to a third party, then the victim is entitled to recover any bills and expenses for medical treatment necessitated by his or her injuries, any lost past or future wages caused by those injuries, as well as past and future pain and suffering caused to the victim by his or her injuries. If a passenger or another boater is killed by one driving the boat, then the victim’s estate as well as surviving spouse and children can seek damages from the boater that caused the accident.
Contact The Experienced Personal Injury Attorneys at Schwed, Adams, Sobel & McGinley, P.A. if You or a Loved One Have Been Injured or Killed in a Florida Boating Accident
As the tragedy involving Marlins ace pitcher Jose Fernandez in the waters off Miami Beach in September 2016 demonstrates, boating accidents can have devastating consequences for those involved. This can be a result of the fact that boating accidents often mix high speeds, alcohol and sometimes drugs in a combination that can have deadly consequences. If you, a family member or a loved one has been injured or killed in a boating accident, contact the experienced personal injury attorneys at Schwed, Adams, Sobel & McGinley, P.A today at 877-694-6079 or firstname.lastname@example.org for a free consultation today.
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