As the weather warms and three o’clock showers become the norm, the waters around Miami have started to fill with boats. While many Miami natives have their own boats or enjoy going out on friends’ boats, some will join with the tourists and charter boats for a day at sea. On Sunday April 1, Raul Menendez was one such local who chartered a yacht for the day. Along with friends, the 25-year-old from Hialeah went out on the yacht Miami Vice. Just before 5:00 p.m., Menendez was reported missing before his body was found and he was declared deceased. Cause of death has thus far been listed as the boat propellers, and while the investigation is still under way it seems the ship’s captain reversed into him. Mauricio Alvarez, 20, was operating the Miami Vice that day and officials have since announced that alcohol did not play a role in him backing over Menendez. It is still unknown if Menendez jumped or fell overboard and whether he was intoxicated. Though the investigation is still pending, the outcome will most likely determine whether Alvarez or his charter company are sued for negligence and wrongful death. Alvarez and the charter company may both be responsible for causing this horrific accident. If so, they will certainly be held liable under Florida’s wrongful death laws.
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In order to be found liable for negligence under Florida personal injury and wrongful death laws, there must be proof that Alvarez, the boat’s owner, and/or the charter company failed to fulfill a responsibility they owed to Mr. Mendendez, and that as a result, there was a loss of life. Some instances of negligence in a boating accident occur when a particular boat does not have the proper charter license, if the boat had failed previous safety inspections, or if the captain failed to take all necessary safety precautions. If these careless acts are the leading cause of death, survivors of the Estate will have an action for wrongful death.
It is important when chartering a boat or yacht to make sure your vessel has passed inspection and has a reliable crew. If you do find that you or a family member may require an experienced Miami Personal Injury attorney for an accident or injury because of a boating accident, Aigen Law Firm, is here to assist you. We understand that in this moment, especially when there is a death or an injured individual, that litigation may not be on your mind. However, your lawyer at Aigen Law Firm will be available to guide you, protect your rights, answer all your questions, and fight to ensure that you maximize your recovery against all responsible parties.
Please do not hesitate to submit an online FREE CASE REVIEW. At Aigen Law Firm, an experienced lawyer is available 24 hours a day, seven days a week working relentlessly on behalf of victims who suffer from all types of accidents. We offer a free consultation for your personal injury case and there is no fee unless we recover for you.